Professional Documents
Culture Documents
FACULTY OF LAW
SYLLABUS
FOR
B.Com.LL.B (Hons.)- 5 Years Integrated Course)
(I to X Semester)
Examinations 2021-22
2
IMPORTANT NOTE:
Learning outcomes:
SECTION-A
SECTION-B
SECTION-C
SECTION-D
Promising Pleaders
Suggested Readings:
Bhatnagar, R.P. and R. Bhargava, Law and language, New Delhi: Macmillan.
Cutts Martin, The Plain English Guide, Oxford University Press, 1995.
Garner Bryan, A Dictionary of Modern Legal Usage, New York: OUP, 1987.
Kelkar, Ashok R. “Communication and Style in Legal Language”, Indian Bar Review
Project/Assignment: 05 marks
Presentation: 05 marks
IMPORTANT NOTE:
The main objective of this course is to acquaint the students with the various facets of
Business Economics as it is a step towards the application of economic theory to
actual practice ensuring that the business / managerial decisions meet their intended
goals.
8
Learning outcomes:
SECTION-A
SECTION-B
SECTION-C
SECTION-D
Price and Output determination under the conditions of Perfect competition, Monopoly
and Monopolistic competition.Break-Even analysis and Profit Forecasting.
9
Suggested Readings:
Ahuja, H.L. Advanced Economic Theory: Micro Economic Analysis(Latest ed.). New
Delhi: S. Chand and Company Limited.
Gould, J.P. & Edward, L. (1998).Micro Economic Theory(6thed.). Homewood Illinois:
Richard D. Irwin INC.
Kaushal, G. Economic Theory: Micro Analysis(Latest ed.). New Delhi: Modern
Publishers.
Koutsoyiannis, A. (2006). Modern Microeconomics. London: McMillan Press Limited.
Robert, S. P. & Daniel L. R. (2006).Microeconomics (6thed.). New Delhi: Prentice Hall of
India.
Salvatore, D. (2007). Microeconomics: Theory and Application. New Delhi: Oxford
University Press.
Seth, M.L. Principles of Economics (Latest ed.). Agra: Lakshmi NarainAgarwal
Educational Publishers.
Varshney, R. L. &Maheshwary, K. L. Managerial Economics (Latest ed.). New Delhi:
Sultan Chand and Sons Educational Publishers.
Project/Assignment: 05 marks
Presentation: 05 marks
IMPORTANT NOTE:
• The first four Units of the question paper shall have 2 questions (1 theory & 1
practical) of 15 marks each. The candidates shall be required to attempt any 1
question from each Section.
• Unit-5 of the question paper shall be compulsory and based on the whole
syllabus. It shall consist of 5 short notes of 4 marks each
It has been designed with an objective to acquaint the students with the
conceptual understanding of Financial Accounting and to develop proficiency in
exercising various legal aspects of Accounting i.e. Accounting Standards, the
techniques for preparing accounts in different types of business organisations.
Here the endeavour is to provide the learners to interpret the Accounting i.e.
language of business and their application to different practical situations and
develop ability to make various computations in the area of accounting and finance
and represent the business.
Learning Outcomes:
• Learners will be able to understand the financial aspects and principles for
managerial decision making and enforceable global accounting standards for
international accounting.
• The students will be able to apply disciplinary knowledge pertaining to theories
and principles to find solution to problems of business world
• It will enable the students to think from diverse perspectives like economic,
financial, social, national etc. and suggest solutions according to their own
sensibilities and broadens the horizon of their thought processes.
• The learner will gain an holistic view which can help them in analysing the
business data for better understanding of the business and comprehend the
changes happening outside the organization.
SECTION-A
Accounting process (Journal, Ledger, Trial Balance and Financial statements (with
adjustments), Income Statement and Balance sheet)
SECTION-B
Branch Accounting
Departmental Accounting
11
Voyage accounting
SECTION-C
Investment Accounts
Insurance Claims
SECTION-D
Royalty Accounts.
Suggested Readings
Anthony, R. N., Hawkins, D. F., & Merchant, K. A. (2008). Accounting: text and cases.
McGraw-Hill.
Maheshwari, S. N., &Maheshwari, S. K. (2009). Financial Accounting. Vikas Publishing
House.
Gupta, A. (2009). Financial accounting for management: An analytical perspective.
Pearson Education India.
Lal, J. (2008). Accounting for management. Himalaya Publishing House.
Harrison, W. T., &Horngren, C. T. (2008). Financial accounting. Pearson Education.
Sehgal, A., & Sehgal, D. Advanced Accounting-I. Taxmann’s Edition, 3-316.
Narayanaswamy, R. (2017). Financial accounting: a managerial perspective. PHI
Learning Pvt. Ltd..
12
IMPORTANT NOTE:
Present course has been designed with the prime objective of providing basic
understanding of various concepts of banking and insurance.
Learning outcomes:
• Learners are supposed to develop an insight into the different theoretical and
practical aspects of the banking and insurance which are conducive to
generate understanding, awareness and familiarization about the development
and changes in Indian banking and insurance sector.
• Learners may be able to examine /analyze various reforms/ recent
developments , basic theoretical frame work of rules/regulations applicable
to banking and insurance sector
• With proper understanding in this field,students of Law may develop sound
base for proficiency in analyzing various practical situations falling under the
purview of banking and insurance laws in ensuing semesters, and while
practicing as lawyers too.
• Learners with sound base in this field, may carve a niche for themselves in
corporate world, as a lawyer having an understanding of financial matters, may
easily get adjusted there.
SECTION-A
Bank: Definition and various types. Evolution of commercial banking and its
functions, Management and organizational setup of commercial banks.Types of bank
accounts and special types of bank customers.Credit Creation by Commercial Banks:
13
SECTION-B
SECTION-C
SECTION-D
Non Life Insurance: Nature of Marine Insurance and Fire Insurance Contracts.
Bancassurrance
IRDA Act,1999. Progress and Rationale privatization of Insurance sector in countries
like India
Suggested Readings:
Baye, J. (1999). Money, Banking and Financial Markets: An Economic Approach. New
Delhi: AITBS Publishers and Distributors.
Dean, C. (2007). Money and Banking: A Policy Oriented Approach. New York: Houghton
MuffinCompany.
Mishra, M. N. & Mishra, S. B. Insurance – Principles and Practice (Latest ed.). New
Delhi: S. Chand and Co. Ltd.
Pande, G. S. Principles and Practice of Insurance (Latest ed.). New Delhi: Kalyani
Publishers.
Soni, S. &Gautam, V. Banking Theory and Practice (Latest ed.). Jalandhar: Sharma
Publications.
Tannen, M. L. (2000). Tannen’sBanking Law and Practice in India. New Delhi: India
Law House.
14
IMPORTANT NOTE:
This subject aims to make students understand the nature of tort and conditions of
liability with help of established case laws. Law of Torts is a diverse subject that
includes a wide range of civil claims concerning conduct, which is happening around
us every day. This course is designed to study the fundamental principles of tortious
liability, the defences available in an action for torts, the capacity of parties to sue and
be sued. This course is designed to study specific torts against the individual and
property. Further the law of torts has an added significance because Consumer
Protection Laws are also included to equip the students to handle issues relating to
this branch of law.
Learning Outcomes:
SECTION-A
Case Studies:
Rayney v. The State of Western Australia, (2017) WASC 367
Balwant Singh v. Commissioner of Police, (2015) 4 SCC 801
SECTION-B
Negligence including Contributory Negligence, Composite Negligence and Nervous
Shock Remoteness of Damages
General Defences: Volenti Non Fit Injuria; Inevitable Accident; Act of God; Necessity;
Statutory Authority
Case Studies:
Jacob Mathew v. State of Punjab, (2005) 6 SCC 1
Kamlesh v. Attar Singh and others, 2015 (12) SCALE 49
SECTION-C
Vicarious Liability including Vicarious Liability of State
Strict and Absolute Liability
Motor Vehicles Act, 1988 as Amended by Motor Vehicles (Amendment) Act, 2019
Insurance of Motor Vehicles against Third Party Risks, Liability Without Fault, Hit and
Run Cases etc. (Sections 145 to 164D)
Claims Tribunal (Sections 165 to 176)
Case Studies:
Kasturi Lal Ralia Ram Jain v. State of U.P., AIR 1965 SC 1039
M.C. Mehta v. Union of India, AIR 1987 SC 1086
SECTION-D
Consumer Protection Act, 2019
Consumer and Consumer Rights
Concept of Goods and Services
Consumer Disputes Redressal Agencies and Remedies
Case Studies:
Ghaziabad Development Authority v. Balbir Singh, AIR 2004 SC 2141
Indian Medical Association v. V.P. Shantha and others, AIR 1996 SC 550
Suggested Readings:
Bare Acts:
Books
Aggarwal, V.K.: Consumer Protection Act: Law and Practice, BLH Publisher, New
Delhi, 2016.
Bangia, R.K.: Law of Torts, Allahabad Law Agency, Faridabad, 2015.
Basu, D.D.: The Law of Torts, Kamal Law House, Kolkata, 2008.
Clerk and Lindsell: Torts, Sweet and Maxwell, London, 2008.
Gandhi, B.M.: Law of Torts, Lucknow. Eastern Book Company, 2019.
Iyer, Ramaswamy: Law of Torts, New Delhi. Lexis Nexis Butterworth, 2007.
Kapoor, S.K.: Law of Torts, Allahabad. Central Law Agency, 2018.
Salmond and Heuston: Law of Torts, Universal Law Publishing, New Delhi, 2004.
Winfield and Jolowicz: Torts, Sweet and Maxwell, London, 2002.
Pandey, J.N. & Pandey, Vijay K.: Law of Torts, Allahabad. Central Law Publications,
2019.
Pannell, Alan: Law of Torts, London. Pitman Pub., 1995.
Pillai, P.S. Atchuthen: Law of Torts, Lucknow. Eastern Book Company, 2004.
Ratanlal and Dhirajlal: The Law of Torts, Wadhwa and Company, New Delhi, 2008.
Singh, Avtar: Introduction to Law of Torts, Nagpur, Lexis Nexis, 2018.
Singh, S.P. & Inderjit P. Singh: Law of Torts, Delhi. Universal Law Pub., 2016.
Vaidya, Sharvari V: Law of Torts, Haryana, Allahabad Law Agency, 2017.
17
Project/Assignment: 05 marks
Presentation: 05 marks
IMPORTANT NOTE:
In day to day life every individual makes a variety of promises. Every promise gives
rise to an expectation in the minds of other party that, the promisor would perform
certain obligation and fulfill the promise towards him/her. However, all promises are
not enforceable by law. Only those promises which are meant for enforcing through
law are termed as contracts. The law of contract is a branch of law which deals with
regulation of all types of promises which are meant to be enforced through law. In
India, the general principles of contract laws are codified under the Indian Contract
Act, 1872.
Learning Outcome:
SECTION-A
Formation of Contract- Meaning, Essential elements and kinds of contract Agreement-
Proposal and Acceptance (Ss 1 to 10)
Judgements:
Ajudhia Prasad And Anr. vs Chandan Lal and Anr., AIR 1937 All 610
SECTION-B
Free Consent- Coercion, Undue influence, Fraud, Misrepresentation, Mistake and
their effects (Ss. 13 to 22)
Judgements:
Vfs Global Services Private vs Suprit Roy, 2008 (2) BomCR 446
SECTION-C
Contingent Contracts (Ss. 31 to 36)
Judgements:
SECTION-D
Contracts which need not to be performed (Ss. 62 to 67)
Judgements:
State Of West Bengal vs M/S. B. K. Mondal and Sons, AIR 1962 SC 779
Suggested Readings:
Avtar Singh, Law of Contract, 12th ed., Eastern Book Company, Lucknow, 2019
(Reprint)
Jill Poole, Textbook on Contract Law, Oxford University Press, New York, 14th ed.
2019
Mulla, Indian Contract Act, Lexis Nexis, New Delhi, 15th Ed 2015
Pollock and Mulla, Indian Contract, Lexis Nexis, Butterworth, London 15th Ed 2015
R.K. Bangia, Indian Contract Act, Allahabad Law Agency, Faridabad, 2018
Jill Poole, Casebook on Contract Law, Oxford University Press, 14th ed. 2019
Statutory Material:
SEMESTER: II
Project/Assignment: 05 marks
Presentation: 05 marks
IMPORTANT NOTE:
Learning Outcomes:
• The course shall sensitize the students about literary devices and techniques
for better understanding and appreciation of literary essays and poetry.
• The art of précis writing will enhance the student’s ability to extract the
essential from superfluous and reaching the significant parts wherein the vital
details are contained.
• Essay writing will inculcate the ability of expansive writing among law students,
they would learn to read, write, think and evaluate critically on the
contemporary issues of significance.
21
• The comparative study of the essays will help the student to understand the
uniqueness of writing styles of various authors.
SECTION-A
SECTION-B
Précis Writing
SECTION-C
Essay Writing
SECTION-D
Promising Pleaders
Suggested Readings:
Byne: Teaching Writing Skills, Longman, London 1989.
Cross, Ian et al. Skills for lawyers, Jordan Publishing Company., 1997 Bristol.
Gibbons John, (ed.) Language and Law, Longman, 1996 London.
Melinkoff, David, The Language of Law, Boston: Little Brown and Co., 1963.
1980.
22
Project/Assignment: 05 marks
Presentation: 05 marks
IMPORTANT NOTE:
Present course has been designed with the prime objective of providing basic
understanding of macroeconomic concepts/ policies with emphasis upon the basic
models for the determination of equilibrium level of demand, output and employment
etc.
Learning outcomes:
SECTION-A
SECTION-B
SECTION-C
Money: Functions and Role in modern economies. Quantity Theory of Money: Fisher’s
Equation, Cambridge Equation and Keynesian Reformulation. Classical and Liquidity
Preference Theory of Rate of Interest determination.
SECTION-D
Suggested Readings:
Jhingan, M.L. Macro Economic Theory. (Latest ed.). Delhi: Varinda Publishers.
Shapiro, E. (1999). Macro Economic Analysis (5thed.). New Delhi: Galgotia Publications.
Project/Assignment: 05 marks
Presentation: 05 marks
IMPORTANT NOTE:
• Learners will be able to use the fundamentals to comprehend the vitality of the
corporate world and make useful interpretations.
• The student will get aware of fundamental corporate accounting concepts in
conformity with the provisions of Companies Act.
• Learner will be able to apply the knowledge of various procedures and identify the
procedural anomalies which can make the difference in working of the
organization.
• Learners will be able to deal with the various cases / content of company and
business laws.
------------------------------------------------------------------------------------------
25
SECTION-A
SECTION-B
Final Accounts of Limited Companies (Preparation of Profit and Loss Accounts and
Balance Sheet in accordance with the provisions of the existing companies Act)
Liquidation of companies
SECTION-C
Amalgamation
SECTION-D
OR
Suggested Readings
PAPER NO: IV
Project/Assignment: 05 marks
Presentation: 05 marks
IMPORTANT NOTE:
The present course has been designed with the broad objective of providing students
the basic understanding of various mathematical and statistical concepts in a blend
and their applications in the field of business/trade.
Learning outcomes:
statistical measures. The ability on the part of learners will enhance in making
calculations which are essential for various business transactions/operations
as the skill of applying these techniques in an effective manner will get polished
• With proper understanding of day-to-day applicable quantitative business
aspects/tools, the Law students are supposed to be adept in dealing with the
situations/cases related to various commercial/financial disputes having
taproot of miscalculations/numeric frauds.
• Students of Law may develop a sound base to make the use of various
statistical methods and techniques in socio-legal research with condensed
output
SECTION-A
SECTION-B
SECTION-C
Interpolation and Extrapolation with equal and unequal class intervals (Binomial,
Newton’s and Langrange’s formulae). Time series analysis – Trend, cyclical, seasonal
and irregular components, Isolation of Trend-Free hand curve method; Moving average
method, Semi-average method and Least square method (fitting straight lines only).
SECTION-D
Index Numbers: Concept, Problems and Importance; Simple Index Number, Laspeyre,
Paasche and Fisher’s Index Numbers only (among weighted index numbers),
Reversibility Tests. Probability Theory: Addition and Multiplication Theorms.
Probability Distributions: Binomial, Poisson and Normal.
28
Suggested Readings:
Baumol, W. J. (1978). Economic Theory and Operations Analysis. New Delhi: Prentice
Hall.
Croxton, F. E. Cowden, D. J. & Klein, S. (1970). Applied General Statistics (3rded.). New
York: Prentice Hall-Inc.
Gupta S.P. Statistical Methods (Latest ed.). New Delhi: S. Chand and Sons,Educational
Publishers.
Kazmire, J. L. & Pohl, N. F. (1987).Basic Mathematics for Business and Economics (2nd
ed.). Mcgraw Hill.
Monga, G. S. Mathematics and Statistics for Economists (Latest ed.). New Delhi: Vikas
Publishing House.
Sharma, B. K. & Kumar, G. Quantitative Techniques for Business (Latest ed.). New
Delhi: Modern Publishers.
IMPORTANT NOTE:
Learning Outcome:
This subject will increase the knowledge about the universal concepts of law and
which can be apply in day today life to develop and amend the law in the country. The
student will learn the logic/ rational for any law. After understanding of this subject
they can contribute for the development of more relevant laws in the changing society.
SECTION-A
SECTION-B
SECTION-C
Legal Personality
Personality- meaning, definition and nature of legal personality
Status of unborn person
Dead man and animals: status and capacity
Legal person: Corporate personality; theories of corporate personality
SECTION-D
Possession
Ownership
Meaning and definition
Rights of owner
Classification of ownership
Modes of acquisition of ownership
Suggested Readings:
Hijam N.K. Singh, Jurisprudence Explained, Hind Publishing House Delhi, 1999
G.W. Paton, A Text Book of Jurisprudence, Oxford University Press, Oxford, 2004
31
IMPORTANT NOTE:
As has already been examined in the last semester through an intensive study of the
general principles of contract, the essence of all commercial transactions is but
regulated by the law of contract. The expansion of commercial activities at a global
market environment makes the understanding of the law of contract even more
critical. Further, a lucid understanding of the fundamental principles of Special
Contracts facilitates not only resolving the disputes arising out of such contracts but
also in the drafting of contractual instruments. The law of Special Contracts is marked
by the peculiar and mostly predictable legal relationship subsisting between the
parties. The frequency of these kinds of transactions in the affairs of men has led to
the development of established rules of prescriptions and prohibitions determining the
implications and permissible possibilities of these kinds of contractual relations. The
fundamental principles of contractual relations continue to apply the special forms of
contract unless specifically excluded; as in case of the rule of consideration in case of
contract of agency.
Learning Outcome:
• The primary goal of this course is to acquaint the students with the basics of
Special Contracts. It enable them to grasp the nuances of the contractual
transactions involving these forms of contracts. They will be able to determine
the legality of the transactions and also the rights and duties of the parties
thereto.
• They will also be able to purposefully deal with the disputes arising out of such
contractual arrangements.
• This course is designed keeping in view the student perspectives to understand
the applicability of contract law in day to day life.
32
SPECIFIC CONTRACTS
SECTION- A
Contract of Indemnity- Definition and nature, Extent of liability (Sec 124-125)
Judgements
SECTION- B
Pledge- Definition, Rights of Pawnee, Pawnor’s right to redeem, Who can pledge (sec-
173-179)
Judgements
Haridas Mundra vs National And Grindlays Bank Ltd. AIR 1963 Cal 132
SECTION- C
SPECIFIC RELIEF ACT Specific Relief Act, 1963 (As amended by Act 47 of 2018
Immovable Property (Ss. 5-6)
Movable Property (Ss. 7 and 8)
Contracts which can be specifically enforced, Performance in trust Specific
performance of part of contract Rights of purchaser or lessee where seller’s or lessor’s
title imperfect (Ss. 10 to 13)
Contracts which cannot be specifically enforced (Sec. 14-14 A)
Judgements
SECTION- D
Rectification of Instruments (Sec. 26)
Judgements
India Navigation Company vs Haryana State Industrial AIR 2006 P H 29 Vaish Degree
College vs Lakshmi Narain AIR 1976 SC 888
Suggested readings:
R.K. Bangia, Specific Relief Act, Allahabad Law Agency, Faridabad, 2017
Avtar Singh, Law of Contract Specific Relief Act, Eastern Book Company, Lucknow,
12th Ed 2019 (Reprint)
Jill Poole, Textbook on Contract Law, Oxford University Press, New York, 14th ed.2019
Mulla, Indian Contract Act, Lexis Nexis, New Delhi, 15th Ed 2015
Pollock and Mulla, Indian Contract, Lexis Nexis, Butterworth, London 15th Ed 2015
Statutory Material:
SEMESTER: III
Project/Assignment: 05 marks
Presentation: 05 marks
IMPORTANT NOTE:
Present course has been designed to develop the financial skills of the students.
Learning outcomes:
• Learners may develop an insight of various cost accounting concepts which will
help students of law to gain business acumen.
• Deep understanding of the content will enable the students of law to deal with
complicacies of financial matters and consequent legal disputes of the
companies.
• It will enable the students of law to apply various methods and techniques of
cost accounting in the decision making process.
• Learners may be able to think deeply and critically in dynamic business and
Legal environment.
SECTION-A
Meaning, Nature, Scope and Advantages of Cost Accounting, Distinction between Cost
and Financial Accounting.
35
SECTION- B
Labour: Meaning, Components of Labour Cost, and methods of wage payment and
incentive plans.
Overheads: Classification, Collection, Allocation, Apportionment and Absorption.
Service Costing(Concept only)
SECTION-C
SECTION- D
Budgetary Control
Standard Costing (Excluding Analysis of Variance)
Corporate Law on Cost Audit
Suggested Readings:
Horngren, Srikant M. Datar, George Foster: Cost Accounting (11th), Prentice Hall
N. K Parsad: Principles and Practice of Cost Accounting, Book Syndicate (p) Ltd.
S. P Jain and K.L Narang: Cost and Management Accounting, Kalyani Publishers.
V. K Saxena and C. D Vashisht: Cost and Management Accounting, Sultan Chand and
Sons
36
IMPORTANT NOTE:
Present course has been designed with the prime objective of familiarizing learners
with various features, problems and challenges of Indian economic sector.
Learning outcomes:
SECTION-A
SECTION-B
SECTION-C
SECTION-D
Indian Public Finance: Fiscal policy and factors accountable for fiscal deficit. Indian
Taxation structure: features and evaluation. Economic Planning in India: Strategy and
rationale since adoption. NITI Aayog-Composition, Objectives and path ahead.
Suggested Readings:
Datt, R. &Sundram, K. P. M. Indian Economy (Latest ed.). New Delhi: S. Chand and
Co.
Dhar, P. K. Indian Economy: Its Growing Dimensions (Latest ed.). New Delhi: Kalyani
Publishers.
Jalan, B. (1992). The Indian Economy: Problems and Prospects. New Delhi: Viking.
Rangarajan, C. (1998). Indian Economy: Essays on Money and Finance. New Delhi:
UBSPD.
38
IMPORTANT NOTE:
The main objective of the course is to help the students in understanding and
developing the requisite management skills.
Learning Outcomes:
• The course will enable the students to develop analytical skills to solve business
problems and provide strategic solution.
• Learner will able to identify and evaluate social responsibility and ethical issues
involved in business situations and logically articulate own position on such
issues.
• The learners will be able to apply practically different techniques to influence
and control the internal environment of organization.
• Learners will gather and examine the qualitative information to isolate issues
and formulate best control methods.
SECTION-A
SECTION-B
SECTION-C
SECTION-D
Suggested Readings:
IMPORTANT NOTE:
To teach the relevance of literature to the students of law. The exposure to close
reading of a novel with a trial scene and different genres included in the text book
would enable them to hone their empathetic skills and study skills and writing skills.
To give practice in translation skills. To encourage the students to exploit their literary
knowledge in the interpretation and analysis of legal judgment.
Learning Outcomes
SECTION-A
SECTION-B
SECTION-C
Camus, Albert. The Outsider. Trans. Joseph Laredo. UK: Everyman’s Library, 1998
SECTION-D
Promising Pleaders
Suggested Readings:
Bhatnagar, R.P. and R. Bhargava, Law and language, New Delhi: Macmillan.
Cross, Ian et al. Skills for lawyers, Jordan Publishing Company., 1997 Bristol.
Cutts Martin, The Plain English Guide, Oxford University Press, 1995.
Garner Bryan, A Dictionary of Modern Legal Usage, New York: OUP, 1987.
Publishers: 2009.
Gemmete Elizabeth Villers Ed., Legal Themes in Short Stories, New York:
Ward Ian, Law and Literature Possibilities and Perspectives, New York: Cambridge
University Press, 1995.
42
IMPORTANT NOTE:
Question paper of External Examination shall be divided into 5 Units
• Unit 1 to 4 of the question paper shall be based upon Section-A to D of the
syllabus in the respective order of the Sections.
• The first four Units of the question paper shall have 2 questions of 15 marks
each. The candidates shall be required to attempt any 1 question from each
Section.
• Unit-5 of the question paper shall be compulsory and based on the whole
syllabus. It shall consist of 5 short notes of 4 marks each
SECTION-A
Meaning and Concept of Constitution
Framing of Indian Constitution
Salient Features of Indian Constitution
Preamble
Admission and Establishment of new States (Article 2-4)
Citizenship (Article 5 to 11) including provisions of Indian Citizenship Act 1955.
Judgments:
The Berubari Union And Exchange of Enclaves v. Unknown, AIR 1960 SC 845
SECTION-B
Judgments:
Justice K S Puttaswamy (Retd.) and anr. v. Union of India and ors., (2017) 10 SCC 1.
SECTION-C
Right to Life and Personal Liberty (Articles 20-22): (expansive Interpretation- Right to
Privacy, Gay’s Rights, Live- in Relationships, etc)
Right against Exploitation (Articles 23-24): Forced Labour, Child Employment and
Human Trafficking Freedom of Religion;
Judgments:
Navtej Singh Johar & Ors. v. Union of India, Writ Petition (Criminal) No. 76 of 2016.
SECTION-D
Judicial Review
Fundamental Duties
Judgments:
1. Animal Welfare Board of India v. A. Nagaraja & Ors., (2014) 7 SCC 547.
2. Shyam Narayan Chouskey v. Union of India, AIR 2018 SC 357.
44
IMPORTANT NOTE:
Objective: Family is the basic unit of Indian society. Family members live together
with certain rights and duties towards one another as well as towards society. The
subject of family law is important to understand those rights and obligations, to
regulate the family matters through the law and thus to minimize conflicts within the
family this subject is also important to understand the various reliefs in family
disputes.
Learning Outcomes:
SECTION- A
Marriage and Divorce under the Hindu Marriage Act: Nature of Marriage and Theories
of Divorce.
Judgments:
SECTION-B
Judgments:
SECTION-C
Marriage
Dower
Divorce with reference to The Muslim Women (Protection of Rights on Marriage) Act,
2019
Judgment:
SECTION- D
Latest Judgment:
Suggested Readings:
Aqil Ahmed, Mohammedan Law (Central Law Agency, Allahabad,23rd Ed, 2009)
Arshad Subzwari, Hindu Law : Ancient and Codified ( Ashok Grover and sons,
Aurngabad, 2nd Edition, 2007)
Asaf A.A. Fzee, the Pillars of Islam (Oxford University Press, New Delhi, 2004)
Ather Farouqui, Muslim and Media Images: News versus views (oxford University
press, New Delhi, 2009)
B.K. Sharma, Hindu Law, (Central Law Publication, Allahabad 3rd Ed. 2011).
M A Qureshi, Muslim Law ( Central Law Publication, Allahabad, 2002)
M. hidayatullah, Arshad Hidayayatullah, Principles of Mahomdan laws ( Lexis and
Nexis, Buttersworths wahwa, Nagpur,2003)
Mitra, Hindu Law( Orient publishing Company, New Delhi, 3rd Edition, 2010)
Paras Diwan, Customary Law of Punjab and Haryana (Publication Bureau, Panjab
University, 2002 (4th Ed.))
Paras Diwan , Modern Hindu Law ( Allahabad Law Agency 20th Ed., 2009).
Paras Diwan, Muslim Law in Modern India( Allahbad Law Agency, Faridabad, 2015)
Ramesh Chandra Nagpal, Modern Hindu Law( Eastern Book Company, Lucknow, 2008)
Ratigan’s Customary Law (Universal Law Publishing, Co. Oxford University Press 16th
Ed, 2007)
R. K. Aggarwal, Hindu Law: Codified and Uncodified ( Central Law Agency, Allahabad,
2013)
R.K Aggarwal, Hindu Law: Codified and Uncodified (Central law Agency, Allahabad,
2016)
Supinder Kaur, Family Law: Text book on Personal law of Hindus and Muslims (Shri
Ram Law House, New Delhi, 2018)
Tahir mahmood, The Muslim Law of India ( Lexis Nexis, Buttersworth, 3rd Edition,
2002)
Tanzeem Fatima, Marriage Contract in Islam ( Deep and Deep Publication , New
Delhi,2007)
V.P.Bharatiya, Muslim Law ( Eastern Book Company, Lucknow, 2009)
Werner menski, Hindu Law: Beyond Tradition and Modernity ( Oxford University
Press,New Delhi, 2003)
47
SEMESTER: IV
IMPORTANT NOTE:
This course is to acquaint the students with different fields of management and
familiarise the students of law with the management strategies.
Learning outcomes:
SECTION-I
SECTION II
SECTION III
SECTION IV
Suggested Readings:
Batra R., Myers, J. G. and Aaker D. A., Advertising Management Prentice Hall of India,
New Delhi.
Michael, J.E., Bruce, J.W. and William, J.S., Marketing Management, Tata McGraw
Hill, New Delhi.
IMPORTANT NOTE:
Present course has been designed to develop analytical skills in the field of business
and apply the fundamental concepts and tools of finance.
Learning Outcomes
SECTION-A
SECTION-B
SECTION-C
Leverage and Capital Structure: Operating Leverage, Financial Leverage and Total
Leverage. Types of Capital Structure, Theories of Capital Structure – Net Income
Approach, Net Operating Income Approach, Modigliani and Miller Approach
Dividend Policy : Dividend decision and Valuation of firm, Types of dividend Policy,
Advantages and disadvantages of Dividend Policy
SECTION-D
Suggested Readings:
Gupta, S.K., and Sharma, R.K. Management Accounting and Business Finance,
Kalyani Publishers 2010.
Jan, R. W., Haka S. F., Bettner, M. S., and Meigs, F. R., Financial and Managerial
Accounting: The Basis for Business Decisions, Tata McGraw Hill (2002).
Khan, M.Y. and Jain, P.K., Financial Management, Text and Problems, Tata McGraw
Hill (2009).
IMPORTANT NOTE:
Present course has been designed with the prime objective to acquaint the learners
with the basic understanding of entrepreneurship and small business with focus on
the development of business skills through familiarization with rules ®ulations
and related procedures .
Learning Outcomes:
SECTION-A
SECTION-B
SECTION-C
SECTION-D
Suggested Readings:
Bhide, A. V. (2000). The Origin and Evolution of New Business. New York: Oxford
University Press.
Dollinger M.J. (2006). Entrepreneurship Strategies and Resources (3rd ed.). New Delhi:
Pearson Education.
Nicholas, S. Entrepreneurship and Small Business Management (6th ed.). Chennai: All
India Publishers and Distributors.
Roy, R. (2012). Entrepreneurship (2nd ed.). New Delhi: Oxford University Press.
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
IMPORTANT NOTE: The Paper will consist of one written paper of three hours and
Viva-Voce
the textbook.
08 Project 05
Project/Assignment: 05 marks
Presentation: 05 marks
IMPORTANT NOTE:
The Constitution of India is the supreme law of the country. This course provides the
description of the necessary fundamental concepts and doctrines of Constitutional
Law. It describes and analyses the division of powers, functions and responsibilities of
the three organs of the country i.e. the Executive, the Legislature and the Judiciary.
The students will be provided an outline of the existing political system of governance
in the country as per the Constitution.
Learning Outcomes:
------------------------------------------------------------------------------------------------------------
SECTION-A
Union Executive
Union Legislature
Union Judiciary
Judgments:
Supreme Court Advocates on Record Association v. Union of India, AIR 2015 SCW
5457 (NJAC Case).
Raja Ram Pal v. The Hon'Ble Speaker, Lok Sabha, (2007) 3 SCC 184: (2007) 2 JT 1
SECTION-B
State Executive
State Legislature
State Judiciary
Judgments:
SECTION-C
Liability of State under Contracts and Torts (Article 299 & 300)
Judgments:
SECTION-D
Emergency Provisions:
National Emergency
State Emergency
Financial Emergency
Judgments:
Project/Assignment: 05 marks
Presentation: 05 marks
IMPORTANT NOTE:
Family is the basic unit of Indian society. Family members lived together with certain
rights and duties towards each other as well as towards society. The subject of family
law is important to understand those rights obligations. This subject is also important
to understand the various reliefs in family disputes.
Learning Outcomes:
SECTION-A
Classification of property
Partition
LATEST JUDGEMENTS:
SECTION-B
LATEST JUDGEMENT:
SECTION-C
Effect of adoption
Maintenance of wife
Maintenance of children
Maintenance of dependants
Amount of maintenance
LATEST JUDGEMENTS:
SECTION-D
Natural Guardian
Testamentary guardian
Certificated Guardian
LATEST JUDGEMENT
Suggested Readings:
Aqil Ahmed, Mohammedan Law (Central Law Agency Allahabad, 23rd Ed, 2009)
Arshad Subzwari, Hindu Law : Ancient and Codified ( Ashok Grover and sons,
Aurngabad, 2nd Edition, 2007)
Asaf A.A. Fzee, the Pillars of Islam (Oxford University Press, New Delhi, 2004)
Ather Farouqui, Muslim and Media Images: News versus views (oxford University press,
New Delhi, 2009)
B.K. Sharma, Hindu Law (Central Law Publication, Allahabad 3rd Ed. 2011).
Mitra, Hindu Law (Orient publishing Company, New Delhi, 3rd Edition, 2010)
Paras Diwan , Modern Hindu Law ( Allahabad Law Agency 20th Ed., 2009),.
Paras Diwan, Customary Law of Punjab and Haryana (Publication Bureau, Panjab
University, 2002 (4th Ed.))
Paras Diwan, Muslim Law in Modern India ( Allahbad Law Agency, Faridabad, 2015)
Poonam Pradhan Saxena, Family Law Lectures: Family Law II ( Lexis Nexis, Gurgaon,
2013)
R.K Aggarwal, Hindu Law: Codified and Uncodified (Central law Agency, Allahabad,
2016)
Ramesh Chandra Nagpal, Modern Hindu Law ( Eastern Book Company, Lucknow,
2008)
Ratigan’s Customary Law (Universal Law Publishing, Co. Oxford University Press 16th
Ed, 2007)
Supinder Kaur, Family Law: Text book on Personal law of Hindus and Muslims, (Shri
ram Law House, New Delhi, 2018)
Tahir mahmood, the Muslim Law of India ( Lexis Nexis, Buttersworth, 3rd Edition,
2002)
Tanzeem Fatima, Marriage Contract in Islam( Deep and Deep Publication , New
Delhi,2007)
Werner menski, Hindu Law: Beyond Tradition and Modernity ( Oxford University
Press,New Delhi, 2003
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
IMPORTANT NOTE:
------------------------------------------------------------------------------------------------
SECTION-A
Operations Research—Meaning, Significance and Scope.
99
Games Theory: Two persons zero sum games, Pure Strategies, Mixed
Strategies, and Dominance.
SECTION-D
Sequencing Problems
Processing in Job through Two Machines
Goal Programming
Markov Process and Markov Chains
Suggested Readings:
IMPORTANT NOTE:
Learning Outcomes
• Conceptual clarity of General Principles of Criminal Law related to IPC
• Development of problem solving skills
• Development of analytical ability
• Development of critical thinking ability
• Development of writing and oral skills
• Practice of Criminal Law, preparation of State Judicial Service and UPSC
Exams
------------------------------------------------------------------------------------------------
101
SECTION- A
Definition Criminal Law and its essentials
History and Development of Criminal Law
Constituents of Crime
Actus Reus
Mens rea
Concurrence between actus reus and mens rea
Jurisdiction of IPC (Sec-2-5)
Principle of Joint liability section 34 and section 149
Case Law
• Mahbub Shah versus Emperor (1945) 47 Bom.L.R. 941
• Om Parkash versus State of Punjab AIR 1961 SC 1782
SECTION- B
General exceptions:
Judicial Acts (Sec.77, 78)
Mistake of Fact (Sec. 76-79)
Defence of Accident (Sec.80)
Defence of Necessity (Sec.81)
Defence of Minority (Sec. 82,83)
Defence of Insanity (Sec.84)
Defence of Intoxication (Sec. 85,86)
Case Law:
• Sidhapal Kamla Yadav versus State of Maharashtra AIR 2009 SC 97
• Basdev versus State of Pepsu AIR1956 SC 488
SECTION- C
Consent (Sec. 87-92)
Defense of Coercion (Sec. 94)
Trifling Act (Sec. 95)
Private Defence (Sec. 96-106)
Abetment (Sec. 107-120)
Criminal Conspiracy (Sec .120-A and 120-B)
Offences against State Sec. 124-A
Case Law
• State of U.P versus Naushad Supreme Court Criminal Appeal No.1949 of 2013
• Kedarnath Singh versus State of Bihar AIR 1962 SC 955
SECTION-D
Unlawful Assembly and Offences Relating to it (Sec. 141-145, 149-151)
Rioting (Sec. 146-148)
Affray (Sec. 159-160)
Concept of attempt (Sec.307, 308, 309, 511)
Defamation (Sec.499-500)
Criminal intimidation and other related offences chapter XXIII (Sec. 503-510)
102
Case Law
• State of Maharashtra versus Mohd. Yakub S/O Abdul Hamid AIR1980 SC1111
• Rupan Deol Bajaj versus K P Singh Gill AIR 1996 SC 309
Suggested Readings:
• S.N. Mishra, Indian Penal Code, 1860, Central Law Publication Company, 2018
• K.N. Chandrashekhar, Pillai,Essays on Indian Penal Code, 1860, Universal Law
Publication, 2019.
• T. Bhattacharya,The Indian Penal Code, 1860, Central Law Agency, 2017
• K.D. Gaur, The Indian Penal Code, 1860, Universal Law Publishing Co. Pvt. Ltd,
2019
• S.C. Sarkar, Sarkar’s – Commentary on the Indian Penal Code, 1860, Jain Book
Depot, 2015
• Rattan Lal and DhirajLal, The Indian Penal Code, 1860, Lexis Nexis
Butterworths Wadhwa, 2019
• BatukLal,Commentary on the Indian Penal Code, 1860 –, Orient Publishing Co.,
2015
• Sir H.S. Gour, H.S. Gour’s Commentary on the Indian Penal Code, 1860, Law
Publishers (India) Pvt. Ltd., 2017
• Glanville Williams, Text Book of Criminal Law, 2nd Ed., Universal Law
Publishing Pvt. Ltd., 2009
• J.W. Cecil Turner, Russell on Crime, 12th Edition, First Indian (1819), University
Law Publishing, 2001
• M.K. Sahu, Principles of Criminal Law (Cases & Materials), Publisher: Allahabad
Law Agency, 2016
• Jermey Horder, Ashworth's Principles of Criminal Law, Ninth Edition Oxford
University Press, UK, 2019
Important Note:
For the theory examination the question paper shall have IX questions, divided
into 5 Units.
• Unit 1 to 4 of the question paper shall be based upon Sections A to D of the
syllabus respectively.
103
• The first four Units of question paper shall have 2 questions (including the
critical analysis of the recommended cases) of 15 marks each. The candidates
shall be required to attempt any one question from each Section.
• Unit 5 of the question paper shall be compulsory. It shall be based on the
whole syllabus and consist of 5 short notes of 4 marks each.
Learning Outcomes:
SECTION- A
The Rationale of Criminal Procedure and The importance & Features of Fair
Trial
Role of Police, Public Prosecutor and Defence Counsel in Administration of
Criminal Justice
Distinction between Cognizable and Non-cognizable Offences, Bailable and
Non-Bailable Offences, Summon and Warrant Cases, Investigation and Inquiry
104
Recommended Cases
• Zahira Habibullah Sheikh (5) v. State of Gujarat, (2006) 3 SCC 374 : (2006)
2 SCC (Cri) 8&Zahira Habibulla H. Shiekh and Another v. State of Gujarat
2004 (4) SCC 158
SECTION- B
Conceptual Contours of Arrest; Arrest without warrant by Police,
Constitutional and Statutory Rights of the Arrested Person
Steps to Ensure the Presence of the Accused at Trial: Summon and Warrant
(Meaning and Form), Service of Summons, Execution of Arrest Warrants,
Proclamation and Attachment
Territorial Jurisdiction of the Criminal Courts in Enquiries and Trials: Basic
Rule of Territorial Jurisdiction with Exceptions Thereof, Power of the Court to
Hold Inquiry in Cases Where it Lacks the Territorial Jurisdiction, Trial of
Offences Committed Outside India
Recommended Cases
• Arnesh Kumar vs. State of Bihar and Another AIR (2014)8 SCC 273
• Smt. Deeksha Puri vs. State of Haryana, 2013 (1) RCR 159 (Cri).
SECTION- C
• Nevada Properties Pvt. Ltd. vs. State of Maharashtra 2019 SCC 1247
SECTION- D
Constitution of Criminal Courts Powers of the Courts
Magistrate’s Power to Take Cognizance of Offences
Meaning and Verification of Complaint
Inherent powers of the Court
Concept and Objectives of Bail; Bail as a Matter of Right and Discretion;
Cancellation of Bail.
Recommended Cases
• P. Chidambaram vs. Directorate of Enforcement , Criminal Appeal No. 1340 of
2019 Supreme Court on 05.09.19
Suggested Readings:
Bare Acts:
The Code of Criminal Procedure, 1973
Books :
K N Chandrasekharan Pillai (ed): Kelkar’s Lectures on Criminal Procedure, 6th
Ed. 2017, Reprinted 2019, Eastern Book Company
Ratanlal and Dhirajlal : Criminal Procedure Code, 22nd Ed, 2018, LexisNexis
Paul, Dr. Benny, Simplified Approach to Criminal Procedure Code, Shri Ram
Law House Publication, 2020
IMPORTANT NOTE:
Question paper of External Examination shall be divided into 5 Units
• Unit 1 to 4 of the question paper shall be based upon Section-A to D of the
syllabus in the respective order of the Sections.
• The first four Units of the question paper shall have 2 questions of 15 marks
each. The candidates shall be required to attempt any 1 question from each
Section.
• Unit-5 of the question paper shall be compulsory and based on the whole
syllabus. It shall consist of 5 short notes of 4 marks each
Learning Outcomes:
• Learners are imparted in-depth knowledge of the basic concept of ADR as well
as its various mechanisms.
• Students are sensitized towards the benefits that ADR mechanism offers over
litigation.
• Students attain an understanding of the practical nuances of the course
through simulation exercises and visits to ADR centres.
• Students practice independently in the field of Arbitration, Conciliation and
Mediation and their skills and services can also be utilized by the courts while
implementing Section 89 of CPC.
--------------------------------------------------------------------------------------------------
107
The written examination of this paper will be for 80 marks and the remaining
20 marks for Mid-Semester Tests and Practical Simulations. There shall be
classroom instruction on the following topics:
SECTION-A
Understanding Disputes
Models of Dispute Resolution
Need for Alternative Dispute Resolution
Meaning and Characteristics of Alternative Dispute Resolution
Legislative recognition of Alternative Dispute Resolution
Advantages and Limitations of Alternative Dispute Resolution
Judgments:
1. Afcons Infrastructure and Anr. v. Cherian Varkey Construction Co. Pvt. Ltd &
Ors., (2010) 8 SCC 24.
2. Booz Allen Hamilton Inc. v. SBI, Home Finance Ltd., (2011) 5 SCC 532.
SECTION-B
Other Alternative Dispute Resolution Systems: Gram Nyayalayas; ODR; Lok
Adalats; Family Courts;Section 89 and Order X, Rules 1A, 1B and 1C of the
Civil Procedure Code.
Judgments:
1. Salem Bar Association v. Union of India, (2005) 6 SCC 344.
2. Inter Globe Aviation Ltd. v. N. Satchinand, (2011) 7 SCC 463.
SECTION-C
The Arbitration and Conciliation Act, 1996 — Historical Background and
Objectives of the Act
Domestic Arbitration:
Definitions: Arbitration, Arbitrator, Arbitration Agreement, Award; International
Commercial Arbitration
Composition of Arbitral Tribunal; Jurisdiction of Arbitral Tribunal; Conduct of
Arbitral Proceedings; Making of Arbitral Award and Termination of Proceedings;
Setting aside of Arbitral Award; Finality and Enforcement of Award; Appeals;
Arbitration Council of India
Judgments:
108
SECTION-D
Enforcement of Certain Foreign Awards:
New York Convention Awards; Geneva Convention Awards
Conciliation:
Appointment of Conciliators; Procedure of Conciliation; Settlement of disputes
through Conciliation; Termination of Conciliation Proceedings
Judgments:
1. Haresh Daya Ram Thakur v. Union of India, 2000 Arb.WLJ 384.
2. Mysore Cements Ltd. v. Sevdala Barmac Ltd., AIR 2003 SC 3493.
Internal Assessment
MST - 10 marks
Practical Exercises - (10 marks)
Each student is required to participate in 3 (three) simulations relating to
Arbitration, Mediation and Negotiation.
The break-up of the Marks are as follows:
Negotiation – 3 marks
Mediation – 3.5 marks
Arbitration – 3.5 marks
Suggested Readings:
Gulati. Ajay & Gulati. Jasmeet, Public Interest Lawyering, Legal Aid & Para-
Legal Services, Central Law Agency, Allahabad (2009).
Kwatra. G.K., The Arbitration and Conciliation Law of India, Universal Law
Publications, Delhi (2000).
109
Panchu. Sriram, Mediation- Practice and Law, Lexis Nexis, New Delhi (1st ed.
2011).
Saraf. B.P. and Jhunjhunuwala. M., Law of Arbitration and Conciliation, Snow
white, Mumbai (2000).
Sullar. Harman Shergill, Alternative Dispute Resolution, Shree Ram Law House,
(3rd ed. 2020).
Williame. Gerald R. (ed.), The New Arbitration and Conciliation Law of India,
Indian Council of Arbitration, New Delhi (1998).
IMPORTANT NOTE:
Before the enactment of the Transfer of Property Act, 1882 in India the transfer
of property was governed by its respective customary law. The Courts during
this period applied the common law of England and the rules of equity, justice
and good conscience with respect to disputes relating to transfer of property.
The conflicting Judgements and unsuitability of these principles in Indian
scenario necessitated the enactment of legislation. The Transfer of Property
Act, 1882 deals with the transfer of property by Act of parties i.e. living
persons. The course deals with general principles of transfer of property both
movable and immovable. The course also covers certain kinds of transfer of
immovable property, such as Sale, Lease and Mortgage. It also includes
transaction i.e. Gift which deal with movable and immovable property. Even
chapter II of the present Act also if is inconsistent with Muhammadan law it
the Muhammadan law which will prevails.
SECTION-B
Vested and Contingent Interests (Sec. 19 and 21)
Conditional Transfers- Condition Precedent and condition subsequent (Sec.25-
34)
111
SECTION-C
Transfer by ostensible owner (Sec. 41); Transfer by unauthorized person who
subsequently acquires interest (Sec. 43). Fraudulent transfer (Sec. 53);
Improvements made by Bonafide Purchaser under defective title(Sec. 51);
Doctrine of Part Performance (Sec 53-A) Transfer during pendency of litigation
(Sec. 52)
Case Laws: Supreme General Films Exchange Ltd v. Maharaja Sir Brijnath
Singh ji Deo, AIR 1975 SC 1810
Jumma Masjid Mercara v. Kodimaniandra Deviah, AIR 1962 SC 847
SECTION-D
Sale-Definition, Mode of Execution; Contract for Sale (Sec 54)
Mortgage- Definition; Kinds of Mortgage; Mode of Execution, Redemption and
foreclosure of mortgages; Clog on equity of redemption (Secs 58 to 60,67)
Lease- Definition; Duration; Mode of Execution (Secs. 105,106,107)
Gift- Definition; Mode of Execution (Secs. 122 and 123)
Case Laws; Delta International ltd. v. Shyam Sunder Ganeriwalla, AIR 1999 SC
2607
Shivdev Singh v. Sucha Singh, AIR 2000 SC 1935
Prescribed Legislation: The Transfer of Property Act, 1882.
Suggested Readings
SEMESTER: VI
IMPORTANT NOTE:
SECTION - A
Social Research: Meaning and Types: Pure and Applied (Interplay), Historical
and Empirical . Hypothesis and its Types.
Sampling: Meaning, Purpose and Types: Probability and Non –Probability.
SECTION - B
Primary and Secondary Data: Sources and basic difference. Data Collection
Techniques: Interview, Questionnaire and Schedule, Case Study and Survey.
Data Processing, Presentation, Analysis and Interpretation.
Research Report writing.
SECTION - C
Legal Research: Nature, scope, objectives and types: Comparative, Descriptive,
Evaluative, Experimental and Interdisciplinary. Sources of Legal Research
Material: Print and Electronic.
Application of Social Research Findings in the Field of Law. Plagiarism:
Meaning and Types.
SECTION - D
Case Law Research - Judgment: Its Meaning and Concept. Determining Obiter
Dicta and Ratio Decidendi, Case Comments. Methods of Citations: Footnotes,
Endnotes, References, Bibliography, Webliography. Mooting: Argumentative
Skills - Need and Development requisites. Court Manners - Need, Clarity of
Factual Proposition and Grasp of Legal Aspects, Court Demeanor and Citation
of Cases with illustration.
Suggested Readings:
Ahuja, R., Research Methods, Rawat Publications, Jaipur, 2001.
Burney,D.H. and Theresa L. White, Research Methods, Akash Press, New
Delhi, First Indian Reprint, 2007.
Kothari,C.R., Research Methodology: Methods and Techniques, New Age
International Publishers, New Delhi, Second Revised Edition, 2004.
Edmonds ,W.A. and Tom D. Kennedy., An Applied Reference Guide to Research
Designs-Quantitative, Qualitative and Mixed Methods, SAGE Publications Inc.
California, 2013.
Goode,W.J. and Paul, K. Hatt., Research Methodology, Prentice Hall of India
Pvt. Ltd. New Delhi, Latest Edition.
Kumar, R., Research Methodology-A Step by Step Guide For Beginners, SAGE
Publications India Pvt. Ltd., New Delhi. Latest Edition.
114
Leary, Z.O., The Essential Guide to Doing Research, Vistaar Publications, New
Delhi. First Indian Edition,2005
Loseke, D.R.., Methodological Thinking-Basic Principles of Social Research
Design, SAGE Publications India Pvt. Ltd., New Delhi. 2013.
Malhotra, N.K. and Dash, S., Marketing Research: An Applied Orientation,
Pearson Education Inc. New Delhi, Sixth Edition, 2011.
Myneni, S.R., Legal Research Methodology, Allahabad Law Agency,
Faridabad,Fifth Edition,2012.
Nargundkar, R, Marketing Research: Methods and Cases, New Delhi, Tata
McGraw Hill, Third Edition, 2008.
Santosh, G., Research Methodology and Statistical Techniques, New Delhi,
Deep and Deep Publications (Latest Edition).
Singh, Rattan, Legal Research Methodology, Lexis Nexis Publications, Gurgaon,
Haryana, Edition,2013
Verma,S.K. and M. Afzal Wani, Legal Research and Methodology, The Indian
Law Institute, New Delhi. First Reprinted Edition,2006.
Yaqin , A., Legal Research and Writing Methods, LexisNexis Butterworths
Wadhwa , Nagpur .First Reprint,2011
IMPORTANT NOTE:
Question paper of External Examination shall be divided into 5 Sections.
• Unit-1 to 4 of the question paper shall be based upon Section A to section D of
the syllabus in the respective order of the Sections
• The first four sections of the question paper shall have 2 questions of 15 marks
each. The candidates shall be required to attempt any 1 question from each
Section.
• Section 5 of the question paper shall be compulsory and based on the whole
syllabus. It shall consist of 5 short notes of 4 marks each.
Learning Outcomes:
• This course will help the students of Law to develop deep understanding
of the concept of Auditing.
• It will enable the students to gain an insight into the concept of Fraud,
its detection and reporting which will further help them in understanding
various legal cases.
• The learner will be able to familiarise with the nuances of Secretarial
practice, the role of company secretary in the companies as per
Companies Act.
• Learners may carve a niche for themselves in corporate world by
understanding the significance of Auditing and Secretarial practice.
-----------------------------------------------------------------------------------
SECTION-A
Introduction: Meaning, Objects, Basic Principles and Techniques, Classification
of Audit.
Audit Planning: Internal Control – Internal Check and Internal Audit.
Audit Procedure: Vouching and Verification of Assets and Liabilities
SECTION- B
Company Auditor: Qualifications and Disqualifications, Appointment, Removal,
Remuneration, Rights, Duties and Liabilities.
Audit Committee, Auditor’s Report: Contents and Types. Auditor’s certificates
SECTION-C
Secretarial Practice: Definition of Company Secretary, Qualification of
Company Secretary
Appointment, Dismissal, Duties & Liability for Offences of Company Secretaries
Position and Role of Company Secretary.
SECTION-D
Secretarial Audit: Meaning, Scope of Secretarial Audit, Importance.
Fraud detection & Reporting Duty to report fraud; Fraud vs. Noncompliance
Reporting: Professional Responsibilities and Penalties;
Record keeping; Reporting of fraud in Secretarial Audit Report.
Ethics in Professional Conduct.
Suggested Readings:
Jha, Aruna. A Student’s Guide to Auditing. Taxmann.
Tanddon, B.N., S.Sudharsanam and S. Sundharabahu. A Handbook of
Practical Auditing. S. Chand and Co. Ltd., New Delhi.
Gupta, Karnal and Ashok Arora. Fundamentals of Auditing. Tata McGraw Hill
Publishing Co.Ltd., New Delhi
Ghatalia, S.V. Practical Auditing. Allied Publishers Private Ltd., New Delhi.
116
IMPORTANT NOTE:
Question paper of External Examination shall be divided into 5 Sections.
• Unit 1 to 4 of the question paper shall be based upon Section A to section D of
the syllabus in the respective order of the Sections
• The first four sections of the question paper shall have 2 questions of 15 marks
each. The candidates shall be required to attempt any 1 question from each
Section.
• Section 5 of the question paper shall be compulsory and based on the whole
syllabus. It shall consist of 5 short notes of 4 marks each.
Learning Outcome
SECTION-B
Wrongful Restraint (Sec. 339, 341)
Wrongful Confinement (Sec. 340, 342)
Force (Sec. 349)
Criminal Force (Sec. 350)
Assault (Sec. 351)
Outraging the Modesty of Women and Sexual Harassment (Sec.354, 354-A-
354D)
Kidnapping (Sec. 359, 360, 361, 363)
Abduction (Sec 362, 364-374)
Rape (Sec. 375-376E)
Case Law
• S. Varadarajan versus State of Madras AIR 1965 SC942
• Independent Thought versus Union of India (2017)10 SCC800
SECTION-C
Theft (Sec. 378-379)
Extortion (Sec. 383-384)
Robbery (Sec. 390, 392, 393)
Criminal Misappropriation (Sec 403)
Criminal Breach of trust (Sec. 405,409)
Dacoity (Sec. 391, 395, 396)
Receiving Stolen Property (Sec. 410-411)
Case Law
• Kailash Kumar Sanwatia versus State of Bihar (2003)7 SCC 399
• G.V.Rao versus L.H.V. Prasad AIR 2000 SC 2474
SECTION -D
Cheating (Sec. 415, 416, 417)
Mischief (Sec. 425-426)
Criminal Trespass (Sec. 441-447)
House Trespass (Sec. 442, 448)
Forgery (Sec. 463, 465)
Bigamy (Sec. 494)
Cruelty (Sec. 498-A)
Case Law
• Lily Thomas versus Union of India AIR2000SC1650
• Social Action Forum for Manav Adhikar versus Union of India
2018(10)SCC433
118
Suggested Readings:
S.N. Mishra, Indian Penal Code, 1860, Central Law Publication Company,
2018
K.N. Chandrashekhar, Pillai, Essays on Indian Penal Code, 1860, Universal
Law Publication, 2019.
T. Bhattacharya, The Indian Penal Code, 1860, Central Law Agency, 2017
K.D. Gaur, The Indian Penal Code, 1860, Universal Law Publishing Co. Pvt.
Ltd, 2019
S.C. Sarkar, Sarkar’s – Commentary on the Indian Penal Code, 1860, Jain
Book Depot, 2015
Rattan Lal and DhirajLal, The Indian Penal Code, 1860, Lexis
NexisButterworthsWadhwa, 2019
BatukLal, Commentary on the Indian Penal Code, 1860, Orient Publishing
Co., 2015
Sir H.S. Gour, H.S. Gour’s Commentary on the Indian Penal Code, 1860,
Law Publishers (India) Pvt. Ltd., 2017
Glanville Williams, Text Book of Criminal Law, 2nd Ed., Universal Law
Publishing Pvt. Ltd., 2009
J.W. Cecil Turner, Russell on Crime, 12th Edition, First Indian (1819),
University Law Publishing, 2001
M.K. Sahu, Principles Of Criminal Law (Cases & Materials), Publisher:
Allahabad Law Agency, 2016
JermeyHorder, Ashworth's Principles of Criminal Law, Ninth Edition Oxford
University Press, UK, 2019
Important Note:
• For the theory examination the question paper shall have IX questions
divided into 5 Units.
• Units 1 to 4 of the question paper shall be based upon Sections A to D of
the syllabus respectively,
• The first four Units of question paper shall have 2 questions (including
the critical analysis of the recommended cases) of 15 marks each. The
candidates shall be required to attempt any one question from each Unit.
• Unit 5 of the question paper shall be compulsory. It shall be based on
the whole syllabus and consist of 5 short notes of 4 marks each.
119
Learning Outcomes:
Students will be able to :
• Understand the Rationale of preliminary procedure as a stepping stone to
a Fair Trial
• Articulate the significance of elasticity of ‘trial procedure’ in the context
of variety of facts and circumstances of the cases, parties, authorities
and other stake holders involved
• Collect and organise appropriate evidence-based data including
international standards, legislative provisions and judicial principles to
formulate the acceptable reasoned solutions to addressed problems of
criminal procedure
• Prepare an evaluative individual or collaborative field project appreciating
the functioning and judgments of the courts with appropriate
suggestions and remedial measures
• Understand the importance of performance assessment as a tool to
assure quality in their professional and personal development
----------------------------------------------------------------------------------------------------
SECTION: A
Charge :Principles Related to framing of Charge, Meaning and Contents of
Charge, Alternation and Addition of Charges, Basic Rule of Charge and
Limitations Thereof
Pleas of Autrefois Acquit and Autrefois Convict
Bars of Limitation
Recommended Cases
• Union of India vs Prafulla Kumar Samal (1979) 3 SCC 4 with Tarun Jit
Tejpal vs State of Goa, Supreme Court on 19 August, 2019
120
• Willie (William) Slaney vs State of Madhya Pradesh AIR 1956 SC 116 with
Jasvinder Saini vs State (Govt. of NCT of Delhi) (2013) 7 SCC 256 &
Kamil vs State of UP Supreme Court on 31 October, 2018
• Sarah Mathew vs Institute of Cardio Vascular Diseases, (2014) 2 SCC 62
SECTION: B
Committal Proceedings
Trial before a Court of Sessions
Different Stages of the Trial
Compounding of Offences
Plea Bargaining
Hearing of the Accused on the Question of the Sentence
Summary Trial
Recommended Cases
• Gian Singh vs. State of Punjab, (2012) 10 SCC 303 with State of Madhya
Pradesh vs. Laxmi Narayan, Supreme Court on 5 March, 2019
• Accused X vs State of Maharashtra , Supreme Court on 12 April, 2019
SECTION: C
Judgment : Meaning and Contents of Judgment, Modes of Delivery of
Judgment
Meaning and Nature of Appeal and Rationale of Appeal, Forums of Appeal, No
Appeal in Certain Cases, State Appeals
Recommended Cases
• Ravi vs State of Maharashtra, Supreme Court on 3 October, 2019 with
Manoharan vs State By Inspector of Police, Supreme Court on 7
November, 2019
• Ghurey Lal vs. State of Uttar Pradesh 2008 (1) SCC 450
SECTION: D
Concept and Utility of Probation, Dispositional Alternatives under Probation of
Offenders Act, 1958, Duties of Probation Officer
Juvenile Justice(Care and Protection of Children Act), 2015, Authorities to
deal with Child in Conflict with Law and Dispositional Alternatives
Recommended Cases
• State of Madhya Pradesh vs Vikram Das, Supreme Court on 8 February,
2019
IMPORTANT NOTE:
Question paper of External Examination shall be divided into 5 Sections.
• Unit 1 to 4 of the question paper shall be based upon Section A to section D of
the syllabus in the respective order of the Sections
• The first four sections of the question paper shall have 2 questions of 15 marks
each. The candidates shall be required to attempt any 1 question from each
Section.
• Section 5 of the question paper shall be compulsory and based on the whole
syllabus. It shall consist of 5 short notes of 4 marks each.
Objective of the Course : The modern State is a welfare state. The expansion
in the functions of the state and enormous powers of the administration has
given tremendous capacity to the administration to affect the rights and
liberties of the individual. The present course aims to bring home the idea that
good governance is based on the principles of rule of law, separation of powers,
transparency, accountability and fairness. The fundamentals of Administrative
Law, its development and relationship with Constitutional Law are elucidated.
Furthermore, the importance of administrative rule making, administrative
adjudication and judicial review are analysed as important pillars of
administrative law.
122
Learning Outcomes:
• Developing an understanding of Administrative law as a separate legal
discipline
• Analyzing the growth of Administrative law in different jurisdictions
for a comparative outlook
• Comprehending the importance of administrative rule making and
administrative adjudication
• Appreciating the significance of principles of transparency, natural
justice, accountability and fairness in a good governance
administration
• Understanding the relevance of administrative discretion in modern
governance and its controls
------------------------------------------------------------------------------------------
SECTION- A
Nature and scope of Administrative Law: Reasons for growth of
Administrative Law, Origin and Development of Administrative Law in UK,
USA, India and France, Relationship between Constitutional Law and
Administrative Law
Case Laws :
Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549
Re Delhi Laws Act, AIR 1951 SC 332
SECTION-B
Doctrine of Separation of Powers: Meaning and Historical Background,
Doctrine of Separation of Powers in practice, Relevance in present times
Concept of Rule of Law: Meaning and its modern concept; Rule of Law under
the Indian Law, Relevance in contemporary times
Case Laws:
Keshavananda Bharti v. State of Kerela, AIR 1973 SC 1461
Indira Gandhi v. Raj Narain , AIR 1975 SC 2299
SECTION- C
Administrative Adjudication: Reasons for the growth of Administrative
Adjudication and its need, Problems of Administrative Adjudication,
Mechanism for Administrative Adjudication – Statutory and Domestic
Tribunals, Administrative Tribunal – Definition, structure and procedure
Natural Justice and Fairness: Definition, Concept and Evolution, Principles of
Natural Justice, Application of Natural Justice, Exclusion of Principles of
Natural Justice
123
Case Laws:
L. Chandra Kumar v. Union of India and others, AIR 1997 SC 1125
Maneka Gandhi v. Union of India, (1978) 1SCC 248
SECTION-D
Administrative Discretion and Remedies: Meaning and Definition of
Administrative Discretion, Control of Administrative Discretion, Judicial Review
of Administrative Discretion, Scope of Writ Jurisdiction (Article 32 and 226),
Principles for exercise of Writ Jurisdiction, Grounds for exercise of Writ
Jurisdiction, Exclusion of Judicial Review
Suggested Readings:
Cann, Steven J, Administrative Law 3rd Ed., 2002
Kesari, U.P.D, Lectures on Administrative Law, 15th Ed, 2005, Central Law
Agency, Allahabad
Massey, I.P., Administrative Law, 5th Ed. 2003, Eastern Book Company,
Lucknow
Stott, David and Felix, Alexandra Principles of Administrative Law,
Cavendish Publications, London, 1997
Takwani, Thakker, C.K Lectures on Administrative Law, 3rd Ed. 2003, Eastern
Book Company, Lucknow
Wade and Forsyth, Administrative Law, 9th Ed., 2004, Oxford University Press,
Oxford
Jain, M.P. and Jain, S.N.Principles of Administrative Law, 5th Ed. 2007
Wadhwa and Co. Delhi
Upadhya , JJR, Administrative Law, Central Law Agency, 7th Ed. (2006)
124
IMPORTANT NOTE:
Question paper of External Examination shall be divided into 5 Sections.
• Unit 1 to 4 of the question paper shall be based upon Section A to section D of
the syllabus in the respective order of the Sections
• The first four sections of the question paper shall have 2 questions of 15 marks
each. The candidates shall be required to attempt any 1 question from each
Section.
• Section 5 of the question paper shall be compulsory and based on the whole
syllabus. It shall consist of 5 short notes of 4 marks each.
SECTION-A
Genesis and importance of Panchayati Raj Institutions in India with special
reference to Punjab
73rd Amendment, Part IX Article 243, 243-A-243M and 11th Schedule of the
Constitution
The Punjab Panchayati Raj Act, 1994
Constitution and functions of Panchayati Raj institutions
Gram Sabha and Gram Panchayats: Constitution, term of office, powers and
functions, suspension and removal, dissolution of Gram Panchayats (Sec. 2-24)
Functions, Powers and Duties of Gram Panchayats (Sec. 30-43)
Judicial functions of Gram Panchayats (Sec. 44-84)
Constitution and delimitation of Panchayat Samitis, Zila Parishads (Sec 85-
198)
Control and Supervision (Sec 199-207)
Empowerment of Panchayats- Autonomy
SECTION-B
Punjab State Election Commission Act, 1994
State Election Commission
Disqualifications (Sec 11-12)
Electoral Rolls for Constituencies (Sec 24-34)
Conduct of Elections (Sec 35-43)
Agents of contesting candidates (Sec 44-52)
Election petitions (Sec-73-107)
Corrupt Practices and Electoral Offences (Sec 108-124)
Power of Election Commission in Connection with Inquiries as to
disqualification of members (Sec 125-128)
125
SECTION-C
Genesis and importance of Urban Local Bodies (Article 243P-243ZG)
74th Amendment, Part IX A and 12th schedule of the Constitution of India
SECTION-D
The Punjab Shops and Commercial Establishment Act,1958
Registration of Establishment
Opening and closing hours of establishment
Employment of young persons
Employment of women and children
Suggested Readings:
Bare Acts
The Punjab Shops and Commercial Establishment Act,1958
The Punjab Rural Development Act,1987
The Punjab Panchayati Raj Act, 1994
Punjab Panchayat Election Rules, 1994
The Constitution of India
Jaswal and Chawla; A Commentary on Punjab Panchayat Act, 1994 with Allied
Acts and Rules, Chawla Publications Ltd.
126
IMPORTANT NOTE:
Question paper of External Examination shall be divided into 5 Sections.
• Unit 1 to 4 of the question paper shall be based upon Section A to section D of
the syllabus in the respective order of the Sections
• The first four sections of the question paper shall have 2 questions of 15 marks
each. The candidates shall be required to attempt any 1 question from each
Section.
• Section 5 of the question paper shall be compulsory and based on the whole
syllabus. It shall consist of 5 short notes of 4 marks each.
SECTION-A
Statute: Meaning and classification
Interpretation: Meaning, object and necessity
General Principles of Interpretation:
The Literal or Grammatical Interpretation
The Golden Rule
The Mischief Rule (Rule in the Heydon’s case)
Case laws :
Maqbool Hussain vs. state of Bombay AIR 1953 SC 325
Bengal immunity Co. vs. State of Bihar AIR 1955 SC 1088
SECTION-B
Harmonious Construction
The Statute should be read as a whole
Construction ut res magis valeat quam pereat
Identical expressions to have same meaning
Construction noscitur a sociis
Construction ejusdem generis
Construction expression unius est exclusion alterius
Construction contemporanea exposition est fortissimo in lege
Contemporanea Expositio
Case laws:
M.S. M Sharma vs. Krishna Sinha AIR 1959 SC 395
Maya Mathew vs.State of kerala AIR 2010 SC 1932
127
SECTION-C
Beneficial Construction
Construction of Penal Statutes
Construction of Taxing Statutes
Commencement, Repeal, Revival of Statute
Prospective and Retrospective Operation of Statutes
General Clauses Act 1897.
Case laws:
M/S spring Meadows Hospital vs. Harjol Aluvali 1998 SC 1801
State of West Bengal vs. Kesoram Industries Ltd (2004) 10 SCC 201
Ranjit Udeshi vs. State of Maharashtra AIR 1965 SC
SECTION-D
Aids to Interpretation of Statutes:
Need to invoke Aids to Construction
Internal Aids to Construction and their Limitations: Title ,Preamble, Headings
,Marginal notes, Punctuation marks , Illustrations ,Proviso , Explanation,
Schedules .
External Aids to Construction and their Limitations :Parliamentary history ,
historical facts, Subsequent Social Political Developments and scientific
inventions , Dictionaries , Text books , Statues in Pari material , Previous
legislations ,Foreign Decisions .
Case laws:
State of Bombay vs. Hospital Mazdoor Sabha AIR 1960 Sc 610
Mohd .Shabhir vs. State of Maharashtra AIR 1979 SC 564
Suggested Readings:
Maxwell on the Interpretation of Statutes- P.St. Langan, Lexis Nexis, New Delhi
(2004)
Principles of Statutory Interpretation- G.P. Singh, Wadhwa and Co., New Delhi
(2008)
Interpretation of Statutes- V.P. Sarathi, Eastern Book Co., Lucknow (2003)
The Interpretation of Statutes- T. Bhattacharyya, Central Law Agency,
Allahabad
(2009)
Interpretation of Statutes- D.N. Mathur, Central Law Publications, Allahabad
(2008)
Interpretation of Statutes and Legislation- M.P. Tandon and J.R. Tandon,
Allahabad
Law Agency, Faridabad (2005)
Interpretation of Statutes- P.M. Bakshi, Orient Pub., New Delhi (2008)
128
IMPORTANT NOTE:
SECTION-A
International Criminal Law: Meaning, Nature and Scope, Concept of
International Criminal Law as essence of human rights and humanitarian law
Sources of International Criminal Law
Historical Development of International Criminal Law and Emergence of
various tribunals: Nuremberg Tribunal Tokyo Tribunal,
Introduction to Modern Tribunals: (ICTR & ICTY), International Criminal Court,
other Tribunals built for specific purposes including Hybrid
Tribunals:Cambodia, Lebanon, Iraq, Special Court of Sierra Leone
Case Studies:
Prosecutor v. Charles Ghankay Taylor SCSL-03-1-T, Special Court for Sierra
Leone, May 18, 2012.
Prosecutor v. DU [Ko Tadi] (Tadic case) CC/PIO/190-E, ICTY , May 7, 1997
SECTION-B
General Principles of Criminal Law: i) Concept of Universal Jurisdiction, ii)
Principle of State Sovereignty and International Criminal Law,
Principles of Criminal Liability including: i)Nullum Crimen Sine Lege, ii) Nullum
Peona Sine Lege,iii)Principle of Individual Criminal Responsibilities,iv)Principle
Superior Responsibility or Command Responsibility,
Principles of exclusion of liabilities: i) Exclusion of jurisdiction over persons
under eighteen, ii) Non- application of statute of limitations, iii) Mental element
Case Studies:
SECTION-C
Establishment and structure of International Criminal Court under the Rome
Statute 1998, Concerns of opposition to ICC
Jurisdiction and admissibility of ICC
Pre-conditions to exercise of Jurisdiction: Power of Referral under the Rome
Statute, Power of Referral under the Rome Statute, Power of Deferral under the
Rome Statute
Case Studies:
The Prosecutor v. Bahar Idriss Abu Garda ICC-02/05-02/09 (Situation in
Darfur, Sudan)
The Prosecutor v. Jean-Pierre Bemba Gombo ICC-01/05-01/08 (Congo
Situation)
SECTION-D
Basis of Jurisdiction: Jurisdiction ratione temporis, Jurisdiction ratione loci,
Jurisdiction rationae personae
130
Case Studies:
Situation in Libya, in the Case of the Prosecutor v. Saif al-Islam Gaddafi, ICC-
01/11-01/11-577, International Criminal Court (ICC), December 10, 2014.
Situation in the Democratic Republic of the Congo, in the case of the
Prosecutor v. Thomas Lubanga, ICC-01/04-01/06, International Criminal
Court (ICC), March 14, 2012.
Suggested Readings:
Bassiouni, M. Cherif, International Criminal Law, Vol. I, II And III,
Transnational Publishers Inc., New York, 1998
Kittichaisaree, Kriangsak, International Criminal Law, Oxford University
Press, 2002
McGoldrick, Dominic, The Permanent International Criminal Court: Legal and
Policy
Issues, Hart Publishing Oxford and Portland Oregon, 2002
Schabas, William A., An introduction to International Criminal Court,
Cambridge University Press, 2002
131
SEMESTER: VII
IMPORTANT NOTE:
Object of Study
The course has been design to make students understand the basic concepts of
Public International Law. The municipal law of a country is not sufficient to deal
with dispute in which international issues arise. The course introduces students
about international law, its sources and to whom it is applicable. Issues like
recognition, acquisition or loss of territories turn out to be matters of international
interest and dispute. Matters related to maritime zones; high seas also fall in the
preview of international law. The course has been planned to give fair knowledge of
these aspects of law. Asylum and extradition have always been concern of
individuals and states. Prevention of war and peaceful settlement of dispute have
always been challenge to states and international agencies constituted to maintain
peace. The course aims to provide conceptual clarity and in-depth knowledge of
these aspects law. The course has been designed to inculcate the quest for
learning and acquiring habit of referring to original sources of law. Through
internal and external evaluation coupled with preparation and presentation of
project reports related to course content as well as inter-disciplinary topics this
paper seeks to strengthen the learning ability of the students.
Learning Outcomes
• Conceptual clarity of subject as student of law
• Development of critical thinking ability
132
SECTION-I
Definition, Nature and Basis of International Law
Sources of International Law
• International Conventions
• International Custom
• General Principles of Law Recognized by Civilized States
• Decisions of Judicial Tribunals
• Juristic works
• Other sources
Subjects of International Law
• States
• Individuals
• Non State Entities
• Importance of Individuals under International Law
Case Law:related to Regional Customs; Portugal versus India Judgment of 12 April
1960, https://www.icj-cij.org/public/files/case-related/32/032-19600412-JUD-
01-00-EN.pdf
Section II
State
• Definition of State
• State Jurisdiction
Recognition
• Recognition of states
• Theories of recognition
• Modes of recognition
• Legal effects
SECTION-III
Law of Sea
• Territorial Sea
• Contiguous Zone
• Continental Shelf
• Exclusive Economic Zone
Asylum
Extradition
Case Law:Abu Salem Abdul Qayoom Ansari versus State of Maharashtra
&Anr.(2011) 11 SCC 214
SECTION-IV
Peaceful settlement of International Disputes
• Negotiations
• Mediation
• Conciliation
• Good Offices
• Arbitration
• Judicial Settlements of Dispute under ICJ
Suggested Readings:
• M.P. Tandon, Public International Law & Human Rights, Allahabad Law
Agency, Faridabad, 15th Ed., 2017 Reprint 2019
• Malcom Shaw, International Law, Cambridge University Press, 6th Ed., 2008
Online free pdfdownload also available
• D.J. Harris, Case and Material on International Law, Oxford University
Press, Seventh edition 2010, free online pdf Download available.
• Brownlie's Principles of Public International Law by James Crawford, Oxford
University Press,9th Ed., 2019.
• International Law: A Critical Introduction by Wade Mansell , Karen
Openshaw, Publisher Hart, 2019
• AlinaKaczorowska, Public International Law, Routledge, UK, 2015
IMPORTANT NOTE:
The purpose of the present subject is to enable the law students to understand
the basic principles of Drafting of Pleadings and Conveyance Deeds.
135
Judgements:
Ratanlal vs Sundarabai Govardhandas samsuka (2018)11 SCC 119
Gauri Dutt Firm vs Madho Prasad AIR 1943 P.C.147
SECTION-B
Application for grant of succession certificate
Application for grant of compensation under Section 166 of the Motor Vehicles
Act, 1988
Application for temporary injunction under Order 39 Rules 1 and 2 of the Code
of Civil Procedure, 1908.
Application under Order 39 Rule 2A of the Code of Civil Procedure, 1908
Caveat under Section 148 of the Code of Civil Procedure, 1908
Application for the condonation of Delay under Section 5 of the Limitation act
1963
Application for maintenance under Section 125 of the Code of Criminal
Procedure, 1973
Application for grant of Anticipatory bail and Regular bail
Application for execution of a decree
Criminal complaint
Memorandum of Appeal in civil cases
Draft of Appeal/Revision in criminal cases
Writ petition under Art. 226 and Art. 32 of the Constitution of India including
Public interest Litigation
Special leave petition under Article 136 of the Constitution of India
Judgements:
S.P.Gupta vs Union of India AIR 1982 Sc 149
Mangat mal vs Pynni Devi (1995)6 SCC 88
CONVEYANCING
SECTION-C
Components of a Deed
Forms of Deeds and Notices
Will
Agreement to sell
Sale-deed
136
Indemnity Bond
Lease Deed
General power of attorney
Special power of attorney
Relinquishment deed
Judgements
Ramaswami Naidu Vs M.S.Velappan (1979) 2 Mad LJ 88(93)
Corporation Bank, Banglore vs Lalitha H. Holla AIR 1994 Kant. 133 at 139
SECTION-D
Partnership deed
Deed for dissolution of partnership
Mortgage deed
Trust Deed
Deed of reference to arbitration
Notice to the tenant
Notice under Section 80 Code of Civil Procedure, 1908
Demand Notice under section 8 of The insolvency and Bankruptcy Code 2016
Reply to the notice
Suggested Readings:
Jaibhave, D.T- Pleading Conveyancing and Advocacy
Mogha, P.C- The Law of Pleading in India
Chaturvedi A.N.- Pleading, Conveyancing and Drafting and Legal Professional
Ethics
B.P. Singh Pleading Conveyancing and Drafting Punjab and Haryana
Chaturvedi R.N-Pleadings,Drafting and Conveyancing
Mani.K-pleading,Drafting and Conveyancing
Kafailtiya A.B-Textbook on Pleading , Drafting &conveyancing
Mathur D.N Drafting, pleading and Conveyancing
Joshi, Nayan-Legal writing &Drafting
Sahni R.K-Civil Pleadings & Art of Better Drafting
Behra B.K- Better Drafting
High Court Rules and Orders
Advocates Act, 1961 and Rules
Bindra N.S Pleading and Practice
Sen, B Conveyancing (D’Souza)
Rose William M Pleading without Tears
Evans Keith Advocacy in Court
Evans Keith Golden Rules of Advocacy
Mitra, S.K. Law of Notices
137
IMPORTANT NOTE:
------------------------------------------------------------------------------------------------------------
Objective of the Course:
The course is intended to:
Initiate the law student into understanding the parameters for determining
facts within the adjudicative process.
Explain the legal principles relevant to the topics considered in this course
Prepare the law student to make an informed appreciation of the law of
evidence in practice in trial courts
Learning Outcomes
On successful completion of this course, students will be able to:
• Critically analyse and evaluate the process of proving facts within the courts.
• Use appropriate legal concepts, relevant judicial precedents and statutory law
to solve practical problems of evidence
• Identify and critically analyse evidentiary rules and principles
• Engage in effective research and writing in the law of evidence
• Appreciate the professional responsibility in preserving and use of evidence in
litigation and criminal proceedings
----------------------------------------------------------------------------------------------
138
SECTION-A
INTRODUCTORY
The main features of the Indian Evidence Act 1872
Other acts which deal with evidence (special reference to CPC, CrPC)
Proceedings under other Acts and of other Tribunals etc.: Administrative
Tribunals; Industrial Tribunals; Commissions of Enquiry; Court-martial;
Disciplinary authorities in educational institutions
Central conceptions in Law of Evidence (Sections 3-4)
Section 3: Definitions; Distinction-Facts-Relevant facts/Facts in issue
Evidence: oral and documentary
Circumstantial evidence and direct evidence
Presumption (Section 4)
“Proved”, “not proved” and “disproved”
Witness
Appreciation of evidence
Facts: relevancy (Sections 5-16)
The Doctrine of res gestae (Section 6,7,8,10)
Evidence of common intention (Section 10)
The problems of relevancy of “Otherwise” irrelevant facts (Section 11)
Relevant facts for proof of custom (Section 13)
Facts concerning bodies and mental state (Section 14, 15)
Judgments: R.M. Malkani v. State of Maharashtra AIR 1973 SC 157
Mirza Akbar v. Emperor AIR 1940 PC 176
SECTION-B
ADMISSIONS AND CONFESSIONS (SECTIONS 17-31)
General principles concerning admission (Section 17-20,23)
Difference between “admission” and “confession”
The problems of non-admissibility of confessions caused by “any inducement,
threat or promise’ (Section 24)
Inadmissibility of confession made before a police officer (Section 25)
Admissibility of custodial confessions (Section 26)
Admissibility of “information” received from accused person in custody; with
special reference to the problem of discovery based on “joint statement”
(Section 27)
Confession by co-accused (Section 30)
The problems with the judicial action based on a “retracted confession”
Dying declarations: The justification for relevance of dying declaration
(Section 32 (1)) and the judicial standards for appreciation of evidentiary value
of dying declarations
Other Statements by Persons who cannot be called as Witnesses (Ss 32-39)
General Principles of Relevance of Judgments (Sections 40-44)
139
SECTION-C
Oral and Documentary Evidence
General Principles concerning oral evidence (Sections 59-60)
General principles concerning Documentary Evidence (Sections 61-90)
Electronic Evidence
General principles regarding Exclusion of Oral by Documentary Evidence
(Ss91-100)
Witnesses, Examination and Cross Examination (Sections 118-166)
Competency to testify (Section 118-121)
Privileged communications (Section 123-132)
Accomplice (Section 133)
Number of Witnesses (Section 134)
General principles of examination and cross examination (Section 135-
166): Leading questions (Section 141-143); Lawful questions in cross
examination (Section 146); Compulsion to answer questions put to witness;
Hostile witness (Section 154); Impeaching of the standing or credit of witness
(Section 155); Questions of corroboration (Section 156-157); Refreshing
Memory (Section 159-161)
Judgments: State of U.P. v. Raj Narain (1975) 4 SCC 428
Bhuboni Sahu v. The King AIR 1949 PC 257
State of Bihar v. Laloo Prasad (2002) 9 SCC 626
SECTION-C
BURDEN OF PROOF & ESTOPPEL
The general conception on onus probandi (Section 101-106)
General and special exceptions to onus probandi
The justification of presumption and of the doctrine of judicial notice (Section
107-114)
Estoppel
Why estoppel? The rationale (Section 115) ; Estoppel, resjudicata and waiver
and presumption
Kinds of Estoppel: Estoppel by deed; Estoppel by conduct; Equitable and
promissory estoppel ; Issue estoppels and Tenancy estoppel (Section 116)
140
Improper admission and rejection of Evidence in civil and criminal cases (S.
167) Special problems: re-hearing evidence
Judgments : Goutam Kundu v. State of West Bengal AIR 1993 SC 2295
Dipanwita Roy v. Ronobroto Roy AIR 2015 SC 418
Ravinder Singh v. State of Haryana AIR 1975 SC 856
Suggested Readings:
Sarkar and Manohar, Sarkar on Evidence (1999), Wadhwa and Co. Nagpur
Indian Evidence Act, (Amendment up to date)
Rattan Lal, Dhiraj Lal: Law of Evidence (1994) Wadhwa, Nagpur
Peter Murphy, Evidence (5th Edn. Reprint 2000) Universal Delhi
Albert S. Osborn, The problem of Proof
Avtar Singh, Principles of the Law of Evidence (2008) Central Law Agency, New
Delhi
Ameer Ali and Woodroffe- Law of Evidence, Butterworths 18th Ed. (2009)
Phipson and Elliot Manual of Law of evidence, Universal publishing, New Delhi,
2001
Wigmore on Evidence, Tillers (revised ed. 1983), Kluwer India Pvt. Ltd., 2008
Sudhakar v. State of Maharashtra (2000) 6 SCC 671 M.C. Verghese v. T.J.
Poonan (1969) 1 SCC 37
141
IMPORTANT NOTE:
------------------------------------------------------------------------------------------------------------
Objective of the Course:
To acquaint the students with the basic principles and objective of procedural
law in civil matters and to enable the students to understand the importance of
procedural law vis a vis substantive law especially with regard to basic
concepts like framing a suit, joinder and misjoinder of parties, causes of
actions, Resjudicata, jurisdiction, interim orders etc.
Learning Outcomes:
• To understand and practically apply the basic principles of procedural law in
civil matters
• To comprehend issues regarding jurisdiction of suits
• To understand the concept of joinder misjoinder and nonjoinder of parties while
framing suits
• To be able to apply the principle of Resjudicata
• To be able to frame pleadings
• To comprehend the different types of special suits
• To understand the modes of delivery of summons and consequences of non
appearance of parties
• To differentiate between a decree and order and judgement
-------------------------------------------------------------------------------------------------
SECTION-A
Nature, scope and significance of Civil Procedure
Meaning of suit
Essentials of a suit
142
Judgements:
Shri V.J. Thomas Vs. Shri Pathrose Abraham & Ors 2008 (2) RCR (Civil) 693/
AIR 2008 SC 1503 (order I rule 8)
Mohinder Kumar Mehra vs Roop Rani Mehra (2018) 2 SCC 132 (Order 6, r17)
SECTION- B
Jurisdiction: Meaning, Lack of jurisdiction and irregular exercise of jurisdiction
Courts to try all suits of civil nature unless barred ( S.9), Place of suing (S. 15-
20)
Objections to jurisdiction (Section 21)
Res subjudice (section 10)
Resjudicata (S.11): General conditions of Resjudicata, Matters directly and
substantially in issue, Constructive Resjudcata, Resjudicata and estoppel
Foreign Judgements: Meaning Sec. 2(6), Conclusiveness, Enforcement and
Execution (S. 13, 14)
Judgements:
State of U.P. v. Nawab Hussain AIR 1977 SC 1680 (Resjudicata)
Asgar & Ors. Appellant(S) Versus Mohan Varma & Ors. 2019 (2) Supreme 53
(Resjudicata)
Patel Roadways Limited, Bombay v. Prasad Trading Company 1991(4) SCC 270
(place of suing)
Y Narsimha Rao v. Y. Venkata Lakshmi (1991)2 SCR 821(Foreign judgments)
SECTION-C
Judgement[section2(9)] and Decree[section 2(2)]
Distinction between Decree and Order[section2(14)]
Services of Summons to defendants (Ss. 27-29, order V);
Summons to witness (Ss. 30-32, order XVI)
Appearance of parties and consequence of non appearance (order IX):
Dismissal of suit for default, Ex parte proceedings, Setting aside exparte decree
Caveat (Section 148-A)
Inherent powers of the Court(sections 148 to 153)
Judgements:
Neerja Realtors Pvt ltd. V. Janglu (D) through LRS (2018)2 SCC 649 (summons)
SECTION - D
Interim orders- Commissions (Section 75-78) (order XXVI);
Arrest and Attachment before Judgment (0.38);
Temporary injunctions (0.39)
Appointment and duties of Receiver (0.40),
Security for costs (order XXV)
Suits in particular cases and special proceedings:
Suits by or against Government and Public Officer (Ss 79-82)
Interpleader Suits (S.88, Order XXXV)
Suits by Indigent Persons (Order XXXIII)
Special case (S. 90, order XXXVI)
Suits relating to public nuisance and public charities (Ss. 91-93)
Judgements:
Dalpat Kumar and Another v. Prahlad Singh and Another AIR 1993 SC 276
Suggested Readings:
Mulla, The Code of Civil Procedure , Lexis Nexis Butterworths, 19th edn., 2017
Takwani, C.K., Civil Procedure, 2017, Eastern Book Company, Lucknow, 8th
edn., 2017
Sarkar, Code of Civil Procedure, Lexis Nexis, 12th edn., 2016
Jain, M.P., The Code of Civil Procedure, Lexis Nexis Butterworths, India 5th
edn., 2019
Nandi, A.K. and Sen Gupta, S.P. , The Code of Civil Procedure, Kamal Law
House, Kolkata, 3rd Ed., 2009
Mathur, D.N, The Code of Civil Procedure, Central Law Publications,
Allahabad, 4th edn., 2017
Singh, Avtar , Code of Civil Procedure, Central Law Publications, Allahabad, 4th
edn., 2015
Tandon’s, The Code of Civil Procedure , Allahabad Law Agency, Faridabad, 28th
edn., 2016
144
IMPORTANT NOTE:
----------------------------------------------------------------------------------------------------------------
The laws included majorly concentrate on the fields required while undertaking
any form of business, such as individuals form firms under The Indian
Partnerships Act, 1932 or under The Limited Liability Partnership Act, 2008.
The Securities and Exchange Board of India Act, 1992 is also included to give
an insight into the establishment of the authority that regulates the securities
business.
Learning Outcomes:
• The expected learner outcome is the understanding of all the major legislations
relating to the initiation and extension of any kind of business and allied
contractual obligations.
• The students will comprehend the different forms of liabilities various kinds of
partnerships and the evolution of the concept of partnership.
• The students will learn the ins and outs of commercial transaction involving
movable property and also the brief analysis of the securities market through
establishment of the Securities and Exchange Board of India.
-------------------------------------------------------------------------------------------------
145
SECTION-A
The Sale of Goods Act, 1930:
Sale and Agreement to Sell (Section 4, 5, 6)
Conditions and Warranties (Section 12 to 17)
Transfer of Property in Goods (Sections 18 to 24)
Transfer of Title (Sections 27 to 30)
Judgements:
Grant vs. Australian Knitting Mills [1936] AC 85
Phillips vs. Brooks Ltd., (1919) 2 KB 243
SECTION-B
Performance of Contract of Sale of Goods (Sections 31 to 37, 42 to 44)
Unpaid Seller (Section 45)
Unpaid Seller’s Lien (Section 47, 48, 49)
Stoppage in Transit (Section 50, 51, 52)
Right to Resale (Section 53, 54)
Suits for Breach of Contract (Section 55 to 60)
Sale by Auction (Section 64)
Judgements:
Vishnu Sugar Mills Ltd. vs Food Corporation Of India And Anr. AIR 1987
Pat 22
Ram Saran Das Raja Ram And Anr. vs Lala Ram Chander AIR 1968 Delhi
233
SECTION-C
The Indian Partnership Act, 1932:
Essentials of Partnership (Section 4, 5 and6)
Kinds of Partnership (Sections 7 and 8)
Relation of Partners to one another (Section 9-17)
Relation of Partners to third party (Section 18-30)
Outgoing and Incoming partners (Section 31-38)
Modes of Dissolution of a Firm (Section 39 to44)
Registration of a Firm (Section 56 to 59)
Effects of Non-Registration of a Firm (Section 69)
Judgements:
Cox vs. Hickman (1860) 8 H.L.C. 268
Vishnu Chandra vs Chandrika Prasad Agarwal And Ors AIR 1983 SC
523, 1982 (2) SCALE 1078, (1983) 1 SCC 22, 1982 (14) UJ 882 SC
Dhulia-Amalner Motor Transport ... vs Raychand Rupsi Dharamsi And
Ors. AIR 1952 Bom 337, (1952) 54 BOMLR 294, ILR 1952 Bom 795
146
SECTION-D
The Limited Liability Partnership Act, 2008:
Meaning, nature and features
Designated Partners
Formation process of LLP
LLP vis a vis Traditional Partnership
Partners and their relations
The Securities and Exchange Board of India Act, 1992:
Establishment of the SEBI (Section 3-9)
Powers and functions of the Board (Section 11-11D)
Judgements:
Harshad S Mehta vs. Union of India and Another, 1992 94 BOMLR 789
Sahara India Real Estate Ltd. vs. Securities and Exchange board of
India (2012)174 Comp Cas 154 (SC)
Suggested Readings:
Avtar Singh, Sale of Goods (Eastern Book Company, Lukhnow, 8th edn. 2018)
R.K. Bangia, Sale of Goods, (Allahabad Law Agency, Allahabad, 10th edn.
2018)
Avtar Singh, Introduction to law of Partnership (Eastern Book Company,
Lukhnow, 11th edn. 2018)
R.K. Bangia, Indian Partnership Act (Allahabad Law Agency, Allahabad, 14th
edn. 2018)
DSR Krishnamurti, Law relating to Limited Liability Partnership (Taxman
Publications Private Limited, 2010)
Sanjiv Agarwal, Rohini Agarwal, Limited Liability Partnership Law and Practice
(Lexix Nexis Butterworth Wadhwa, 2009)
A.G. Guest, Benjamin's Sale of Goods (Sweet & Maxwell, 6th edn. 2002)
K Sekhar, Guide to SEBI, Capital Issues, Debentures & Listing ( Lexis Nexis, 5th
edn. 2019)
Statutory Materials-
The Sale of Goods Act, 1930
The Indian Partnership Act, 1932
The Limited Liability Partnership Act, 2008
The Securities and Exchange Board of India Act, 1992
147
IMPORTANT NOTE:
Recommended Cases
Arjun Gopal v Union of India, WP (Civil) No.728 of 2015
Dr. Vijay Verma v Union of India, WP (PIL) No.-17 of 2018
SECTION B
Regulation of Health Services in India
• The Indian Medical Council Act, 1956
148
Recommended Cases
State of Tripura vs. Amrita Bala Sen, AIR 2002 AP 164
Poonam Verma vs. Ashwin Patel and others, 1996 AIR 2111, 1996 SCC (4) 332
SECTION C
Regulation of technologies impacting Health
• Biomedical waste management and Handling rules, 2016 and Amended rules
2019
• Biotechnology Regulation Authority Bill 2013
• Medical Tourism in India-Legal issues and challenges
Recommended Cases
Synergy waste management vs. U.O.I, 15 Jan 2013 Del. HC
B.J Expo Pvt Ltd re vs. Tamil Nadu pollution NGT, Appeal No. 77 of 2018 29th
May 2017
SECTION D
International Public Health Instruments in Context of Right to Health
• Universal declaration of Human Rights, 1948
• WHO and International Health Regulation, 2005
Suggested Readings:
Dr. Lily Srivastava, Law and Medicine, Universal Law Publishing Company,
New Delhi, 2nd Edition 2013.
https://web.iima.ac.in>snippets(pdf)
IMPORTANT NOTE:
SECTION-B
Privacy vis-a-vis Media
Media Trial and Judiciary
Media and ethics
Case Laws:
Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1
Dr. Rajesh Talwar v. CBI 2013 (82) ACC 303
Case Study:
Sting Operation Jessica case by Tehelka and Star TV
Narottam Mishra paid news case
SECTION-C
Media and Censorship with reference to Cinematograph Act, 1952 and
Press Council Act 1978
Broadcasting Media with reference to the Cable TV Network (Regulation) Act
1995 and Role of BCCC
151
SECTION-D
Right to Information with special reference to Right to Information Act, 2005
Online Media and Information Technology Act, 2002
Commercial speech and The Advertising Standards Council of India, 1985
Case Laws:
Central Board of Secondary education v. Aditya Bandhopadhay, (2011) 8
SCC 497
Shreya Singhal v. Union of India, AIR 2015 SC 1523
Suggested Readings:
IMPORTANT NOTE:
SECTION-B
The Unlawful Activities (Prevention) Act, 1967:
Definitions, Unlawful Associations, Unlawful Activities, Offences and Penalties,
Punishment for Terrorist Acts and Related Offences
Offences by companies, societies, Forfeiture of Proceeds and Property
Powers of Investigating Officer and Designated Authority, Appeal
Terrorist organisations, Terrorist individuals and related offences,
Denotification, Review Committees
Powers of Arrest, Search and Seizure
Obligation to furnish information, Protection of Witnesses, Admissibility of
Evidence
153
Judgments:
Lt. Col. Prasad Srikant Purohit vs. State of Maharashtra
Md. Ajmal Amir Kasab vs. State of Maharashtra (2012)9SCC1.
SECTION-C
National Investigation Agency Act, 2008 (NIA):
Constitutional Validity of National Investigation Agency
Constitution of NIA, Investigation by NIA, State Government to assist NIA
Special Courts, Public Prosecutors, Protection of Witnesses, Bail applications
Sanction for Prosecution
Judgments:
Redaul Hussain Khan vs. NIA
Pragyasingh Chandrapal Singh vs. NIA
SECTION-D
Drug Trafficking Trends: National and International Scenario
Narcotic Drugs and Psychotropic Substances Act, 1985:
Narcotic Drugs and Psychotropic Substances: Cannabis, Cocoa Plant, Opium,
Opium Poppy, Poppy Straw and their Derivatives
Prohibition, Control andRegulation
Search and Seizure; Concept of ControlledDelivery and its use in Investigation
Offences and Penalties
Judgments:
Arif Khan vs. State of Uttrakhand (2018) 18 SCC 380
Suggested Readings:
SEMESTER: VIII
IMPORTANT NOTE:
Learning Outcomes:
This course endeavours to develop students with the following learning
outcomes
• To acquaint the students with different business entities
• To have complete knowledge of formation & working of companies
155
Case laws:
New Horizons Ltd. and another v. Union of India (1995) 1 Comp. LJ 100 SC
Dr. A. LakshmanaswamiMudaliar v. Life Insurance Corporation of India,
AIR 1963 SC 1185
SECTION-B
Case laws:
Shrimoni Sugar Mills Ltd. V. Debi Prasad AIR 1950 ALL 508
Sahara India Real Estate Corporation Ltd. V. SEBI (2013) 1 SCC 1
SECTION-C
Membership in a Company: Modes of acquiring membership, who can be a
member, cessation of membership and Register of Members
Directors: position, appointment, qualifications, disqualifications, powers
and duties of directors; Director Identification Number
156
Case laws:
SECTION-D
Majority rule and minority protection and its exceptions
Prevention of Oppression and Mismanagement: who can apply, powers of
Central Government
Winding up: modes of winding up – by court, voluntary winding up by
members and creditors under Insolvency and Bankruptcy code, 2016,
winding up subject to supervision of courts
Case laws:
Suggested Readings:
Ravi Puliani and Mahesh Puliani,Bharat’s Companies Act, 2013, (Bharat
Law House Pvt. Ltd., New Delhi, 2014
Company Law: Piercing the Corporate Veil, D.S. Chopra and NishantArora,
Eastern Law House, New Delhi, 2013
Indian Company Law, Avtar Singh, Eastern Book Company, Lucknow,
2009
Taxmann’s Company Law and Practice, A.K. Majumdar, Taxmann
Publications (P) Ltd. New Delhi, 2009
Guide to Companies Act, A. Ramaiya, Wadhwa and Co., Agra, 2004
Company Law, H.K. Saharay, University Law Publishing Co., Delhi, 2008
Indian Company Law, M.J. Sethna, Modern Law House, Allahabad, 2010
Companies Act, 1956, P.S. Naryana, ALT Pub., Hyderabad, 2006
Company Law, D.S.R. Krishnamurti, Taxmann Allied Services, New Delhi
Company Law, N.V. Paranjape, Central Law Agency, Allahabad, 2006
Principles of Company Law, KailashRai, Allahabad Law Agency, Faridabad,
2006
157
IMPORTANT NOTE:
SECTION-A
Meaning and significance of Legal Profession and Legal Ethics
Legal Profession in India-Evolution, Historical Development and Regulations
SECTION-B
Advocacy & Professional Ethics
Judgments:-
i) C.K. Daftri V. O.P. Gupta AIR 1971 SC 1122
ii) EMS Namboodripad V. T.L. Nambiyar AIR 1970 SC 2015
SECTION-C
Contempt Law & Practice
The Contempt of Courts Act, 1971
Constitutional Provisions regarding Powers of Supreme Court and High
Courts & Houses of Parliament & State Legislatures for Punishing for
their Contempt.
Judgments:-
i) Delhi Judicial Services Association V. State of Gujrat, AIR 1991 SC 2176.
ii) In re Vinay Chandra Mishra, AIR 1995 SC 2349
158
SECTION-D
Selected Judgments on Professional Ethics
1. Ex. Capt. Harish Uppal vs. Union of India A.I.R. 2003 S.C 739
2. P.D. Gupta vs. Ram Murthi AIR 1998 SC 283
3. Shambhu Ram Yadav vs Hanuman Das Khatry AIR 2001SC 2509
4. Harish Chandra Tiwari vs. Baiju AIR 2002 SC 548
5. Bar Council of Andhra Pradesh v. Kurapati Satyanarayana AIR 2003 SC
175.
6. Re: Ajay Kumar Pandey, A.I.R 1997 SC 260
7. SC bar Association vs. U.O.I AIR 1998 SC 1895
8. Nirmaljit Kaur vs State of Punjab AIR 2006 SC 605
9. Zahira Habidullah Sheikh v. State of Gujarat AIR 2006 SC 1367
10. Rajendra Sail vs. M.P High Court Bar Association AIR 2005 SC 2473
11. Smt. Siya Bai vs. Sitaram Singh, BCI Tr. Case No 21/1987
12. Secretary, Karnataka Khadi Gram Udyog Samyukta Sangha vs. J.S
Kulkarni, BCI Tr. Case No 12/1990
13. Surendranath Mittal Vs Dayanand Swaroop, BCI Tr. Case No 63/1987
14. S.K Nagar vs. V.P Jain, D.C Appeal No 14/1997
15. B. Sunitha vs. State of Telangana & Another, (2018) 1 SCC 638
Suggested Readings:
Krishnaswamy lyer: Professional Conduct of Advocacy
Aiyar Ramanath: Legal Professional /Ethics, 3rd Ed. 2003, Indian Law Books.
Mallick: Advocates Act, Professional Ethics/Bench and Bar Relationship, 2007, Indian
Law Books.
Kailash Rai, Accountability for Lawyer and Bench, 9th Ed. 2008, Central Law
Publication.
J.P.S. Sirohi, Professional Ethics, Accountancy for Lawyers and Bench Bar Relations,
Latest Ed., Allahabad Law Agency.
P. Ramanatha Aiyar, Legal and Professional Ethics – Duties and Privileges of a Lawyer,
3rd Ed. 2003, reprint 2009, Lexis Nexis Butterworths, Wadhwa, Nagpur
Subramanyam, Advocates Act, Commentaries on Advocates Act with Bar Council
Rules (Central and States) with Professional Ethics and Allied Laws, 3rd Ed. 2010,
Kumar Law Publication Limited, Delhi
Advocates Act 1961
Contempt of Courts Act 1971
Bar Council of India Trust (publication) Selected Judgements on Professional Ethics
159
IMPORTANT NOTE:
Learning Outcomes:
On successful completion of this course, students will be able to:
• Identify key environmental issues at the planetary, international, national, state
and local level
• Develop an understanding of the regulatory and judicial frameworks
implementing and enforcing these laws.
• Understand that environmental law cuts across and within legal systems, fields
of law, vested interests and disciplinary boundaries
• Develop understanding of the overall environmental legal regime of the country
as well as its international obligations.
----------------------------------------------------------------------------------------------------------
SECTION-A
Definitions and Concepts: Environment; Ecology; Biodiversity; Pollution;
Climate Change
160
Common Law and other statutory remedies: Law relating to Public Nuisance:
Indian Penal Code (Ss. 268 and 290) Criminal Procedure Code (Ss. 133 &144)
and Civil Procedure Code (S91)
Constitutional Provisions: Directive Principles of State Policy, Fundamental
Duties Art 48 A, 51 A (g) and Right to Clean and Healthy Environment
United Nations Conference on Human Environment, 1972 (Stockholm
Declaration, 1972); United Nations Conference on Environment and
Development (UNCED/Earth Summit) – Rio Declaration 1992
Judgments: Municipal Council, Ratlam vs. Vardichand (1980 (4) SCC 162
Rural Litigation and Entitlement Kendra, Dehradun vs. State of Uttar Pradesh
(AIR 1988 SC 2187).
M.C. Mehta v. Union of India AIR 1987 SC 1086 ( Oleum gas leak case)
Union Carbide Corporation v Union of India (1991) 4 SCC 584 ( The Bhopal Gas
Disaster Case) Narmada Bachao Andolan v. Union of India AIR 2000 SC 3751
SECTION-B
Prevention and Control of Pollution in India
Aim and Objective of the Water (Prevention, Control and Abatement of
Pollution) Act 1974 and the Air (Prevention, Control and abatement of
Pollution) Act 1981 Role of the Statutory bodies constituted under the Water
Act, 1974 and the Air Act 1981 in controlling , preventing and abating water
pollution in India. The Role of Central and State Governments in controlling,
preventing and abating water and air pollution in India; Liability of
Corporations for water and air pollution
Noise Pollution and its control: Noise Pollution (Control and Regulation) Rules
2000; Noise pollution and Judicial Approach
The Environment Protection Act, 1986: Protection Agencies: Powers and
Functions and Measures for protection of environment
The Public Liability Insurance Act, 1991
The National Green Tribunal Act, 2010
Judgments: Vellore Citizens Welfare Forum v Union of India & Ors AIR 1996 SC
2715
Research Foundation for Science Technology & Natural Resource Policy v Union
Of India and Anr (2005) 13 SCC 186
SECTION-C
Protection and Conservation of Forest and Wild Life
The Forest (Conservation) Act 1980: Aims and objectives; Conservation
Agencies, Prior approval and Non Forest purpose, Symbiotic Relationship
between forest and tribal people, denudation of forest and Judicial approach
The Forest Rights Act, 2006 Forest rights under the Act; Recognition of, and
vesting of, forest rights in forest dwelling Scheduled Tribes and other
161
SECTION-D
Emerging Principles: International and National Perspectives
Polluter pays
Precautionary principles
Public Trust Doctrine
Sustainable Development
Role of Indian Judiciary in evolving these Principles
International Environmental Law
International Trade in Hazardous Waste; Convention on Control of
Transboundary Movements of Hazardous Wastes and their Disposal (Basel
Convention 1989)
Customary International Law concerning Transboundary Pollution and
Environmental Harm: In context of contribution made by the Rio Declaration,
the International Law Commission and International Court of Justice
Judgments: Indian Council for Enviro-Legal Action v. Union of India AIR 1996
SC 1446
Indian Council for Enviro-Legal Action v. Union of India (2011) 12 SCC 768
Research Foundation for Science, Technology and Natural Resource Policy v
Union of India (2007) 8 SCC 583 & AIR 2012 SC 2627
M.C. Mehta v. Kamal Nath (1997) 1 SCC 388 & AIR 2000 SC 1997
Suggested Readings:
Armin Rosencranz and Shyam Diwan: Environmental Law and Policy in India, Oxford,
2005
P Leelakrishnan, Environmental Law in India, (2nd Edn.), Lexis Nexis, New Delhi, 2005.
Stuart Bell, Donald McGillivray, Ole Pedersen, Emma Lees, and Elen Stokes ,
Environmental Law
9th Edition, Oxford University Press, 2017
Philip Sands: Principles of International Environmental Law, 4th Ed, Cambridge, 2018
162
IMPORTANT NOTE:
To acquaint the students with the basic principles of procedural law in civil
matters especially with regard to execution of decrees and orders, procedure for
appeals in civil matters and also the basic principles of law of Limitation as
applicable to suits appeals and applications.
Learning Outcomes:
• To understand and practically apply the basic principles of procedural law in
civil matters
• To comprehend and get an insight into various aspects of execution of decrees
• To differentiate and practically understand the differences between appeal ,
reference, review and revision under civil procedure
• To calculate the period of limitation by practically applying the principles of Law
of Limitation in common disputes
------------------------------------------------------------------------------------------------------
SECTION- A
Concept of Execution: Meaning and Scope
Courts which may execute decrees (Ss. 36-45)
Application for execution of a decree: Who may apply for execution, Against
whom execution may be sought , procedure, execution of cross decrees (Order
XXI Rules 10-23)
163
Precept (S.46);
Judgements:
SECTION-B
Adjudication of claims and objections (Order XXI Rules 58, 59);
Questions to be determined by an Executing court (S. 47)
Sale of attached property: General Procedure, (Rules 64-73), Sale of Movable
property (Rules 74-78), Sale of Immovable property (Rules 82-88),
Setting aside and confirmation of execution sale (Order XXI, Rules 89-94);
Delivery of Property: (Order XXI, Rules 79-81, 95-96)
Resistance to delivery of possession (Order XXI, Rules 97-103)
Ratable distribution of Assets (S. 73);
Judgements:
Dadi Jagannadham v. Jammulu Ramulu (2001) 7 SCC 71)(order 21, r.
92)
Saheb Khan Vs. Mohd. Yusufuddin and others, AIR 2006 SC 1871, (irregularity
in sale)
SECTION-C
Appeals: Nature of right of appeal;
Appeals from original decrees / First Appeals (Section 96-99),
Appeals from Appellate Decrees / Second Appeals (Ss. 100-103, Order XIII),
Appeals from Orders (Ss. 104-106, Order XLII)
Appeals to the Supreme Court (Sections 109-112, Order XL V);
Procedure of Appeals and Powers of Appellate Court (S. 107, Order XLI)
Reference (Section 113, Order XLVI);
Review Section 114, (Order XLVII)
Revision Section 115
Judgements :
Chunilal V. Mehta & Sons Ltd. v. Century Spn. & Mfg. Co. Ltd. AIR 1962 SC
1314
164
Tek Singh v. Shashi Verma and another AIR 2019 SCC online 168
SECTION-D
Limitations Act, 1963:
General Principles of Law of Limitation
Limitation of Suits, Appeals and Application (Ss. 3-4)
Condonation of Delay (S. 5)
Period of limitation to institute a suit in case of legal disability (Ss. 6-8)
Continuous running of time (S.9)
Computation of period of Limitation (Ss. 12-24)
Acquisition of easement by prescription (Ss. 25-26)
Extinguishment of right to property(S. 27)
Judgments:
Collector, Land Acquisition, Anantnag v. Katiji AIR 1987 SC 1353
Punjab National Bank v. Surendra Prasad Sinha AIR 1992 SC 1815
Suggested Readings:
Mulla, The Code of Civil Procedure , Lexis Nexis Butterworths, 19th edn., 2017
Takwani, C.K., Civil Procedure, 2017, Eastern Book Company, Lucknow, 8th
edn., 2017
Sarkar, Code of Civil Procedure, Lexis Nexis, 12th edn., 2016
Jain, M.P., The Code of Civil Procedure, Lexis Nexis Butterworths, India 5th
edn., 2019
Nandi, A.K. and Sen Gupta, S.P. , The Code of Civil Procedure, Kamal Law
House, Kolkata, 3rd Ed., 2009
Mathur, D.N, The Code of Civil Procedure, Central Law Publications,
Allahabad, 4th edn., 2017
Singh, Avtar , Code of Civil Procedure, Central Law Publications, Allahabad, 4th
edn., 2015
Tandon’s, The Code of Civil Procedure , Allahabad Law Agency, Faridabad, 28th
edn., 2016
Basu’s, Law on Limitation Act, Delhi Law House, 6th edn.
Mitra, B.B Mitra, The Limitation Act, Eastern Law House, 21st edn.
Jain, J.D., Indian Limitation Act, Allahabad Law Agency, 2016
165
SEMESTER: VIII
NAME OF SUBJECT: BUSINESS LAWS- II PAPER NO: P-VI
MAXIMUM MARKS: 100 TIME ALLOWED: 3 HRS
IMPORTANT NOTE:
Business Law aims to make the students understand the various aspects of the
banking, recovery of debts and competition laws. The syllabus has been drafted
in a manner wherein the students shall get an insight of the realms of the
banking industry and the recovery of debts. Unit 1 deals with the three types of
Negotiable Instruments i.e. the promissory note, bill of exchange and cheques.
The concept of noting and protest (in case of promissory note and bill of
exchange) and dishonouring of cheques have also been included. Unit 2 of the
syllabus deals with the emerging trends in the field of recovery of debts. The
Recovery of Debts and Bankruptcy Act, 1993 and SARFAESI, 2002 shall
provide an in depth knowledge to the students with regard to the NPA’s and the
procedure to recover the debts from companies and private individuals. The
unit shall also provide basic knowledge about the Insolvency and Bankruptcy
Code, 2016. Unit 3 and 4 deal with the Competition Act, 2002. Unit 3 focuses
on the constitutional aspect as well as the historical evolution of the Act
through the MRTP Act, 1969 and various committees. The unit also includes
the study of three types of anti-competitive practices as enumerated under
Sections 3, 4 and 5 of the Act along with the relevant procedure of inquiry by
the CCI. Unit 4 deals with the powers, duties and functions of the CCI as well
as the NCLAT (Appellate authority) along with the powers of the Director
General of Investigation. Lastly the unit shall also provide the students with
166
the knowledge about the relationship between the IPR and Competition Law
and the relevance International Trade Law along with the Competition
Advocacy.
Learning Outcomes-
Case Laws-
Jagjivandas v. Gumanbhai (AIR 1967 Guj.)
SECTION-B
167
Recovery of Debts and Bankruptcy Act, 1993(RDB Act) Objectives of the Act,
Constitution of Tribunal, Procedure to be followed, Enforcement process
Case Laws-
Union of India v. Delhi High Court Bar Association and others (AIR 2002
SC)
Mardia Chemicals Ltd. v Union of India (AIR 2004 SC)
SECTION-C
Basic Concepts –Constitutional aspect of Elimination of Concentration of
Wealth and Distribution of Resources Article 39 (b) (c)
History and Development of Competition Law- Justice-Sachar Committee,
MRTP Act - Salient features and overview of Competition Law in India
Anti-Competitive Agreements- Cartelization under the Competition Act, 2002
(section 3) Abuse of dominant position (section 4) Regulation of combination
(Section -5) Inquiry and Procedure (Section 19, 20, 26, 27 and 29)
Case Laws-
Meru Travels Solutions Private Limited v. Uber India Systems Private
Limited and others (2016)
Jet Airways and Ethiad Case relating to Combinations
SECTION-D
Enforcement Mechanisms under the Competition Act, 2002 - Competition
Commission of India- Constitution of the CCI – Duties, Powers and Functions-
Jurisdiction of the CCI – adjudication and appeals – Duties of Director General
of Investigation (DGI), Penalties
Competition Advocacy in India and other foreign jurisdictions, Intellectual
Property Rights and Competition Law, International Trade Law and
Competition Law
Case Laws-
ShamsherKataria vs. Honda Siel Cars and 13 Ors.(Case No.03/2011)
Union of India and another v. Cynamide India Ltd.and another (AIR 1987
SC)
Suggested Readings:
Maher M. Dabbah, EC and UK Competition Law: Commentary, Cases and
Materials,Cambridge University Press, 2004
168
Piet Jan Slot and Angus Johnston, An Introduction to Competition Law, Oxford
andPortland, Oregon, 2006
Suresh T. Vishwanathan, Law and Practice of Competition Act, Bharat
Richard Whish, Competition Law, Oxford University Press, 2008
Mark Furse, Competition Law of the EC and UK, 6thed. – 2008, Oxford
UniversityPress
S.M. Dugar, Commentary on MRTP Law, Competition Law & Consumer
Protection Law, 4thed.- 2006,Wadhwa Nagpur
Abir Roy &Jayant Kumar, Competition Law in India, Eastern Law House, New
Delhi
P. Satyanarayana Prasad, Competition Law and Cartels, Amicus Books, ICFAI
University Press, 2007
Kristy Middleton, Barry Rodger & Angus Mac Culloch, Cases and Materials on
UK and EC Competition Law, Oxford University Press, 2003
VinodDhall (ed.), Competition Law Today, Oxford University Press, 2007
Philips E. Areeda& H. Hovenkoup, Fundamentals of Anti-Trust Law,
ASPEANPublications, 2006
T Ramappa, Competition Law in India: Policy, Issues and Developments,3rded.-
2013, Oxford University Press, New Delhi
VarunChhachhar“Competition Law and Telecom Sector in India”, 1st ed.-
2013, VLMS Publishers, New Delhi.
M.L.Tannan, revised by : Banking Law and Practice, Wadhwa& Company,
Nagpur C.R. Datta& S.K. Kataria
A.B. Srivastavaand : Seth’s Banking Law, Law Publisher’s India (P) Limited K.
Elumalai
R.K. Gupta : BANKING Law and Practice in 3 Vols. Modern Law Publications.
Prof. Clifford Gomez : Banking and Finance - Theory, Law and Practice, PHI
Learning Private Limited
J.M. Holden : The Law and Practice of Banking, Universal Law Publishing.
169
SEMESTER: VIII
IMPORTANT NOTE:
This goal also requires developing close international economic relations. The General
Agreement on Tariffs and Trade (GATT), 1947 provided for a necessary platform for
the initiation and evolution of international trade law.
Further the WTO regime itself shows the importance of establishment of International
trade law as there has been a trend of Binding Trade Obligations. WTO has
developing countries as its members like never before and they of them lay impetus
on establishment of Trade Relations.
The objective of this subject is on the familiarisation of the students with the basic
terminology of the international trade, the theories of international trade and the
regime of international trade.
Learning Outcomes:
The expected Outcome for the students is following:
• The knowledge of the terminology in the International Trade circles.
• The knowledge of the theories of international trade.
--------------------------------------------------------------------------------------------
SECTION-A
Origin and development of International Trade Law.
International Trade Theories: Ricardian Theory, Smith Theory, Hechscher-
Ohlim Model
India’s Trade policies
Important Definitions and Terms used in International Trade:
Balance of Payments, Current Account (Balance of Trade), Capital Account,
Foreign Exchange Reserves, Wealth funds, Net Capital Outflow,
Comparative advantage, Absolute advantage, Mercantilism
Case Study:
• India has signed a Comprehensive Economic Partnership Agreement with South
Korea and India’s Look East Policy
• India’s New Foreign Trade Policy 2015-2020
SECTION-B
Most Favoured Nation,
Principle of National Treatment,
Foreign Direct Investment, Import substitution
Multilateral Trading System
GATT-Its salient features
WTO- Need, Marrakesh Agreement
The WTO: History, Structure and Future
The WTO and Developing Countries
WTO Dispute Settlement
WTO -Agreements on Anti-Dumping and competition policy
Case Studies:
• European Communities – Anti Dumping Duties on Imports of Cotton Type Bed
Linen from India, Appellate Body Report, WT/DS141/AB/R, adopted 12 March
2001.
• India as the top recipient of greenfield FDI Inflows from the Commonwealth,
Trade review, The Commonwealth, 2018
SECTION-C
Kinds of International Trade Agreements:
Bilateral Trade Agreements
Free Trade Agreements
Regional Trade Agreements
Bilateral Investment Treaties
Customs Union
Special Economic zone
NAFTA
SAFTA
ASEAN
Convention on Law applicable to Contracts for International Sale of goods
(1985)
Case study:
• China Pakistan Economic Corridor and its impact on India
• Operational SEZs in India
171
SECTION -D
U.N. Convention on E-Commerce
International commodity agreements
Unidroit Principles of International Commercial Contracts
Payment Mechanisms and Guarantees-International Transfer, Letters of Credit
Dispute Settlement in International Trade Law
International Commercial Arbitration
ICSID
Case Study:
• Jay’s Treaty
• India vs. USA, United States — Countervailing Measures on Certain Hot-Rolled
Carbon Steel Flat Products from India
Suggested Readings:
Simone Schnitzer, Understanding International Trade Law, Law Matters, 2006
Indira Carr, International Trade law, Routledge Cavendish, 2010
Mavroidis, Petros C. and Sykes, Alan O. (eds.), The WTO and International
Trade Law Dispute Settlement, Edward Elgar Publishing, Inc, 2005
Ralph H. Folsom, Michael Wallace Gordon, John A. Spanogle, International
trade and economic relations in a nutshell (Thomson West, St. Paul, MN 4th ed.
2009)
Raj Bhala, Dictionary of international trade law (LexisNexis, Newark, NJ 2008)
Prepared by:
Checked by:
Amended by: Dr. Alamdeep
IMPORTANT NOTE:
• The first four Units of the question paper shall have 2 questions of 15 marks
each. The candidates shall be required to attempt any 1 question from each
Section.
• Unit-5 of the question paper shall be compulsory and based on the whole
syllabus. It shall consist of 5 short notes of 4 marks each
SECTION-A
Object of codification and Scope of Registration Act, 1908
Definition (Section 2)
Authorities under Registration Act, 1908 (Section 3-16A)
Time of Presentation and Place of Registration (Section 23 and 31)
Presentation of documents for Registration and enforcing the executants and
witnesses (section 32-35)
Case laws: Suraj Lamp and Industries Pvt. Ltd. versus State of Haryana and
Another AIR 2012 SC 206
SECTION-B
Documents of which registration is compulsory (Section17)
Documents of which registration is optional (Section 18)
Documents in language not understood by registering officer, Documents
containing interlineations, blanks, erasures or alterations, Description of
property and maps or plans, Description of houses and land by reference to
Government maps or surveys (Section 19-22)
Case Laws:K. Raghunandan&Ors v. Ali HussainSabir&Ors, AIR 2008 SC 2337
173
SECTION-D
Object of Courts Fee Act, 1870
Fees in High Court and Courts of Small at the presidency Towns (Section 3 -5)
Fee in courts and Public Offices (Section 6 - 19)
Process Fee and Mode of levying Process Fees (Section 20-30)
Case Laws:SathappaChettiar v. RamanathanChettiar 1958 AIR SC 245
Commercial Aviation & Travel & Co. v. VimalPannalal 1988 AIR SC 1636
Suggested Readings:
IMPORTANT NOTE:
Land has always been one of the prized possessions of mankind and has been
one of the subject matter of disputes. A major portion of civil litigation is
related to land, revenue, and tenancy matters. The compulsory acquisition of
land for various development and other projects becomes the subject matter of
litigation; apart from that issues related to compensation, rehabilitation and
resettlement are also attached with it. The matters related to maintenance of
land records, collection of land revenue and partition are also an indispensable
part of land laws prevalent in the country. The matters related to tenancy, rent,
repair, maintenance of premises, and eviction of premises also turn out to be
causes of dispute between the property owners and tenants. The course has
been designed to give students a fair knowledge of land and rent laws prevalent
at the national and state level. The paper includes provisions of the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, the Punjab Land Revenue Act, 1887 and the Punjab
Rent Act, 1995. The course aims to inculcate the quest for learning, acquiring
the habit of referring to original sources of law. Through internal and external
evaluation coupled with preparation and presentation of project reports related
to course content as well as inter-disciplinary topics, this paper seeks to
strengthen the learning ability of the students.
Learning Outcomes
---------------------------------------------------------------------------------------------
SECTION-A
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
History, Objectives, Scope, Applicability and Salient Features of the Act
Definitions (Section 3)
Determination of Social Impact and Public Purposes (Sections 4-9)
Special Provision to Safeguard Food Security (Section 10)
Notification and Acquisition (Sections 11-30)
SECTION -B
Rehabilitation and Resettlement Award, and Procedure and Manner of
Rehabilitation and Resettlement (Section 31-47)
Establishment of Land Acquisition, Rehabilitation and Resettlement Authority
(Sections 51-74)
SECTION-C
The Punjab Land Revenue Act, 1887
History, Objective and Scope of the Act
Definition and Exclusion of certain Land from Operation of Act (Sections 3-4)
Revenue Officers and Administrative Control (Sections 6-16)
Village Officers (Sections 28-30)
Record of Rights and Annual Records (Sections 31-47)
Collection of Land Revenue (Sections 61-78)
Partition (Sections 110-126)
Case Law:
Kali Dass Etc. versus Avtar Singh Etc.Punjab and Haryana High Court, RSA
No.553 of 2010,Decided on 21 September 2018 (O&M) available at
https://indiankanoon.org/doc/64601651/
SECTION- D
The Punjab Rent Act, 1995
Definition and Exemption of Premises from the Operation of the Act, 1995
(Sections 2 and 3)
Registration of Tenancy Agreement and Inheritability of Tenancy (Sections 4
and 5)
Rent Structure under the Punjab Rent Act, 1995 (Sections 6-16)
Repairs of Premises (Section 17-19)
Protection of Tenants against Eviction (Sections 20-35)
176
Suggested Readings:
Om Prakash Aggarwal, ‘Commentary on the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’, Edition
9th, Universal Law Publishing House,Lexis Nexis, India,2017.
Jairam Ramesh and Muhammad Ali Khan, ‘Legislating for Justice: The Making of the
2013 Land Acquisition Law’, Oxford University Press, New Delhi, 2015.
Bhagatjit Singh Chawla, ‘The Punjab Land Revenue Act, 1887’, Chawla Publication (P)
Ltd., Chandigarh, 2015.
Rajesh Gupta, Land Laws in Punjab, New Garg Law House, Chandigarh, 2014.
D.N. Jauhar, ‘Rent Matters on Trial’, The Punjab Law Reporter Press, Chandigarh,
1998.
Bare Acts:
• The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
• The Punjab Rent Act, 1995
• The East Punjab Urban Rent Restriction Act 1949
• The Land Acquisition Act, 1894
• The Punjab Land Revenue Act, 1887
177
SEMESTER: IX
IMPORTANT NOTE:
INTERNAL ASSESSMENT:
Mid Semester Test: 15 marks
Project/Assignment: 12 ½ marks
Presentation: 12 ½ marks
Learning outcomes:
• Uniformity among all laws
• Awareness and knowledge about government schemes and policies.
• Extend and maintain industrial democracy
• Enhancement of practical skills while dealing with labour matters.
• Promoting employment outcomes
• Enhancement of management skills
• To promote labour standards
---------------------------------------------------------------------------------------------------------
178
SECTION-A
CASE LAWS:
National campaign committee central legislation on construction labourers V/s
union of India, W.P (c) of 2006.
Bandhua Mukti Morcha v. Union of India. (1984) 3 SCC 161
SECTION-B
Wages under the Payment of Wages Act, 1936 and the Minimum Wages Act,
1948
Social Security under Employees Compensation Act, 1923
CASE LAWS:
People’s Union For Democratic ... vs. Union Of India & amp; Others (1982 )AIR
1473, 1983 SCR (1) 456
Steel Authority of India Ltd. & ANR.V/SJaggu & Ors. ETC.CIVIL APP
EAL NO(s). 8094 OF 2011
SECTION-C
The Industrial Dispute Act, 1947
The concept of Industry, Industrial Dispute, Workman
Strike and Lockout
Lay off and Retrenchment
CASE LAWS:
Workmen of M/S Firestone Tyre and Rubber Co. Of India V. Management AIR,
1973 Sc 1227
Bangalore Water Supply vs. A. Rajappa & other, 1978 AIR 548, 1978 SCR
(3) 207
SECTION-D
Methods and Authority for the settlement of Industrial Disputes
Works Committee, Conciliation Officers, Board of Conciliations, Labour Court,
Industrial Tribunal, National Industrial Tribunal, Voluntary Arbitration
179
CASE LAWS:
The Life Insurance Corporation Of India V. D.J BAHADUR&ORS.1980 AIR
2181
Hindustan Lever LTD.V. B.N. DONGRE AIR 1995 SC 817
Statutory Materials:
The Constitution of India, 1950
The Industrial Dispute Act, 1947
The Payment of Wages Act, 1936
The Minimum Wages Act, 1948
The Employees Compensation Act, 1923
The Unorganized Worker’s Social Security Act, 2008
The Industrial Employment (Standing Orders) Act, 1946
Suggested Readings:
D.D. Seth, Commentaries on Industrial Dispute Act, 1947, (Jain Book Agency,
6th edi, 2016)
J. K. Soonavala, Supreme Court on Industrial Law, (lexis nexis, 4th edi, 2017)
K.D. Shrivastva, Commentaries on the Payment of Wages Act, 1936,(published
by Eastern Book Company)
K.D. Shrivastva, Commentaries on the Minimum Wages Act, 1948, (published by
Eastern Book company)
Meenu Paul, Labour and Industrial Law, (Allahabad law agency, New Delhi, 9th
edi.,2014
O.P. Malhotra, Law of Industrial Disputes ,(lexis nexis,7th edi,2015)
P.L Malik, Industrial Law,(25th edi,2017)
P.R. Bagri, Law of Industrial Disputes,(Bharat law house ,edi.2 , 1983)
S.C. Srivastva, Social Security and Labour Laws, 1985: Eastern Harry Calvert,
Social Security Laws, 1978
S.B. Rao, Law and Practice on Minimum Wages,(Law publishing house, 5th edi.)
V.K. Kharbanda & M.P. Shrivastav, Industrial Employment (Standing Orders)
Act, 1946
180
IMPORTANT NOTE:
INTERNAL ASSESSMENT:
Mid Semester Test: 15 marks
Project/Assignment: 12 ½ marks
Presentation: 12 ½ marks
SECTION-A
Definition, nature and scope of Forensic Science
History and Development of Forensic Science
Crime scene investigation: Understanding and purpose of Crime scene
examination and investigation, physical evidence, its collection, packing and
transportation, chain of custody, Crime scene tool, kits and equipments etc.
SECTION-B
Police and forensic scientist relationship with reference to crime investigation
Personal Identity: Definition, Race, Sex Determination, Anthropometry,
Dactylography, Foot Deformities Prints, Scars,, Tattoo Marks, Occupational
Marks, Hand Writing, Clothes Personal Articles, Speech and Voices, Finger
Printing, Gait.
SECTION-C
Death and its Medico-Legal Aspect-Definition, Mode of Death, Sudden Death,
Sign of Death, Time since Death, Presumption of Death, Presumption of
Survivorship
SECTION-D
Recent advances in Forensic Science: Narco Analysis, Brain Mapping, DNA
finger printing and their admissibility in the Court, Polygraph Test and NHRC
guidelines of administration of Polygraph test.
Suggested Readings:
Modi's Medical Jurisprudence and Toxicology, K. Mathiharan and Amrit K Patnaik,
LexisNexis, Buttersworth, 2010
Textbook of Modis Medical Jurisprudence and Toxicology, K. Kannan and K.
Mathiharan, Buttersworths India, 2012
Medical Jurisprudence, R.M. Jhala and K Raju, Eastern Book Company, 1997.
Analytical Toxicology, S.N. Tiwari, Govt of India Publication, New Delhi, 1987.
Medical Jurisprudence and Toxicology (Law Practice and Procedure), K.S. Narayan
Reddy, ALT Publications, 2006
183
IMPORTANT NOTE:
INTERNAL ASSESSMENT:
Mid Semester Test: 15 marks
Project/Assignment: 12 ½ marks
Presentation: 12 ½ marks
Learning Outcomes:
• A student is expected to get well versed with the international dimensions of
human rights.
• An understanding is developed into the historical background and theoretical
foundations of human rights.
• A range of human rights spread over different generations in the form of civil,
political, economic, social and cultural rights as well as solidarity rights are
analysed from national and international perspective.
• The international legal framework is elucidated as it sets up the standards for
domestic governments and gives rise to binding obligations through the various
multilateral treaties.
• The students study about the monitoring mechanisms under the UN Charter in
the form of Universal Periodic Review, Special Procedures by UNHRC, OHCHR
and other Treaty based bodies.
• The specific multilateral treaties/International Covenants covered in the course
aim to promote the foundational and human rights i.e. Right to Life, Right to
Equality and Right to Human Dignity.
---------------------------------------------------------------------------------------------------------
SECTION-A
Meaning and Evolution of concept of Human Rights
Human Rights and UN Charter
184
SECTION-B
International Protection of Human Rights under:
Universal Declaration of Human Rights 1948
International Covenant on Civil and Political Rights, 1966 along with its
optional protocols
International Covenant on Economic, Social and Cultural Rights, 1966
along with its optional protocols
Case Laws:
Maneka Gandhi v. Union of India, (1978) 1SCC 248
SECTION-C
International Convention on Elimination of All Forms of Racial Discrimination,
1965
Convention on Elimination of All Forms of Discrimination against Women,
1979 and Optional Protocol
Case Laws:
Vishaka v. State of Rajasthan, AIR 1997 SC 3011
M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699
SECTION-D
Convention against Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment 1984 and Optional Protocol
International Convention for the Protection of All Persons from Enforced
Disappearance, 2006
Convention on the Rights of Persons with Disabilities, 2006 and Optional
Protocol
Case Laws:
D.K. Basu v. State of West Bengal, 1997 1 SCC 416
Case Study:
Guantanamo Bay
Enforced Disappearances cases - Amnesty International
Case Studies: For latest case studies in the field of human rights, the
students are advised to visit: refworld.org/publisher/OHCHR.html
185
Suggested Readings:
Phillip Alston, The United Nations and Human Rights: A Critical Appraisal,
Oxford: Clarendon Press, 1992
Peter R. Baehr, Human Rights: Universality in Practice, New York: Palgrave,
1999
Upendra, Baxi The Future of Human Rights, New Delhi: Oxford University Press,
2002
Michael, Freeman, Human Rights: An Interdisciplinary Approach, Cambridge:
Polity Press, 2003
Winstone E. Langley,, Encyclopedia of Human Rights Issues since 1945 London:
Fitzroy Dearborn Publishers, 1999
Hersch, Lauterpacht, An International Bill of the Rights of Man, New York:
Columbia University Press, 1945
Johannes, Morsink, The Universal Declaration of Human Rights: Origins,
Drafting and Intent, Philadelphia: University of Pennsylvania Press, 1999.
H.O, Aggarwal, Human Rights, Central Law Publications, 2014
S.K. Kapoor, International Law and Human Rights, Central Law Agency, 2014
D.D. Basu, Human Rights in Constitutional Law, Lexis Nexis, 2008
M.K. Sinha, Implementation of Basis Human Rights, Lexis, Nexis, 2013
Thomas, Buergenthal, International Human Rights in a Nutshell, West
Publisher Company, 2009
186
IMPORTANT NOTE:
INTERNAL ASSESSMENT:
Mid Semester Test: 15 marks
Project/Assignment: 12 ½ marks
Presentation: 12 ½ marks
------------------------------------------------------------------------------------------------------------
Objective of the Course:
Principles of Taxation Laws intends to appraise the students with the rules and
regulation according to which income of assessee is taxed in India and its
implications on the tax payers. The objective of drafting the syllabus in the
below mentioned manner is to give a comprehensive picture of the Income Tax
Act, 1961 in addition to the latest relevant Finance Acts.
Unit I begins with basic definitions which lay the foundation for appropriate
understanding of the concepts that follow in the later Units. Computation of
Gross Total Income is introduced in the amended syllabus as it is the opinion
of the concerned teachers that in addition to theoretical understanding of the
topic, students need to be equipped with the ability to solve practical problems
on the Gross Total Income.
knowledge of students regarding aspects of Income Tax Act which expressly lay
down rules regarding checking tax evasion
Unit IV concludes the syllabus with topics like Income from House Property
and its deductions thereof, Capital Gain and calculation of Long Term Capital
Gains based on the concept of Indexed Cost. Set off or Carry Forward of Losses
marks the conclusion of all five heads of income whereby the chapters
discusses rules of set off and tax treatment of the same.
Learning Outcomes:
• Firstly, to understand the concept, nature and method by which income tax is
levied in India.
• Secondly, to study all heads of income and train the students to calculate tax
liability keeping in mind all rules and regulations of both taxation and
exemptions.
• Thirdly, to provide conceptual clarity on all concepts of income tax as all the
topics are intricately linked and intertwined with one another in a way that no
one topic can be fully understood if read in isolation.
• Fourthly, to understand the relevance of taxation in India and appreciate how
important it is in making financial decisions in practicality.
• Lastly, to equip the students with enough practical knowledge of the subject so
that they are not dependent on anyone when it comes to filling their own
income tax returns.
SECTION-A
Definitions:
Assessee [Section 2(7)]
Assessment Year [Section 2(9)]
Income [Section 2 (24)]
Person [Section 2(31)]
Previous Year [Section 3]
Total Income and Tax Liability [Section 2(45)]
Basis of Charge [Sections 4]
Total Income [Section 5]
Income Deemed to accrue or rise in India [Section 9]
Meaning and Computation of gross Total Income [Section 80B]
Return of Income [Section 139]
PAN [Section 139 A]
Judgments
ShiromaniGurudwaraPrabandhak Committee v. SomNath Das, (2000) 160 CTR
61 (SC)
ParimisettiSeetharamanna v. CIT, (1965) 57 ITR 532 (SC)
SECTION-B
Agriculture Income [Section 2(1A)]
Computation of Tax for Agricultural Income, under the Scheme of Partial
Integration
Incomes, which do not form part of Total Income [Sections 10(1), 10(2), 10(2A),
10(7),
10(10), 10(10A), 10(10AA), 10(10B), 10(10C), 10(10CC), 10(10D), 10(11), 10(12),
10(13),
188
10(13A), 10(14), 10(16), 10(17), 10(17A), 10(18), 10(23C), 10(32), 10A, 10B]
Salary [Sections 15-17]
Income from other sources [Sections 56-59]
Judgments
CIT v. Raja Binoy Kumar Sahas Roy, (1957) 32 ITR 466(SC)
CIT v. Kamakhya Narayan Singh, (1948) 16 ITR 325(PC)
SECTION-C
Residential Status [Section 6]
Profit and Gains of business or profession [Sections 28, 29, 30, 31, 32 and 37]
Clubbing of Income [Sections 60- 65]
Deduction of Tax at Source [Sections 192, 194B, 194BB, 194I]
Judgments
Naidu (R.B.N.J.) v. CIT, (1956) 29 ITR 194 (Nag.)
Mahavir Irrigation Pvt. Ltd. v. ITO, (2007) 164 Taxmann 516 (Del.)
SECTION-D
Income from House Property [Sections 22-27]
Capital Gain [Sections 2(14), 2(47), 45-48, 51, 54-54H, 55]
Set off or Carry Forward of Losses [Sections 70-80]
Main Deductions under Chapter VI A (Section 80 C, 80 CCC, 80 CCD, 80 U)
Advance Tax [Sections 207-211]
Judgments
SheelaKaushik v. CIT, (1981) 7 ITR 1 (SC)
M. S. SrinivasaNaicker v. ITO, (2007) 292 ITR 481(Mad.)
Suggested Readings:
Dr. Girish Ahuja and Ravi Ahuja, Direct Tax-Ready Reckoner (Wolters Kluwer,
Gurgaon, 19thedn. 2019-20)
Dr. Jyoti Rattan, Taxation Laws (Bharat Law House, New Delhi, 11thedn. /
2019-20)
Dr. Vinod K. Singhania and KapilSinghania, Direct Taxation: Law and Practice
of Income Tax – Professional Edition as amended by Finance Act 2019
(Taxmann, New Delhi, 2019/20).
Dr. Vinod K. Singhania and Monika Singhania, Students Guide to Income Tax
including GST (Taxmann, New Delhi, 61stedn. / 2019-20)
Dr. Vinod K. Singhania, Direct Tax-Ready Reckoner (Taxmann, New Delhi,
42ndedn. / 2019-20)
Income Tax Act, 1961
V.P. Gaur, Rajiv Puri and Pooja Gaur, Income Tax Law (Kalyani Publishers,
New Delhi, 3rdedn. 2019)
Latest Tax Slab of the Relevant Finance Year
189
SEMESTER: X
IMPORTANT NOTE:
INTERNAL ASSESSMENT:
Mid Semester Test: 15 marks
Project/Assignment: 12 ½ marks
Presentation: 12 ½ marks
Main aims are in this framework of social justice to promote rights at work,
encourage decent employment opportunities, enhance social protection and
strengthen dialogue on work related issues. ILO Declaration on Fundamental
Principles and Rights at Work. ILO is a United Nations agency devoted to promoting
social justice and labour rights, pursuing its mission that labour peace is essential to
prosperity, aimed at promoting women and men to obtain decent and productive
work. It aims to provide a remedy for social dumping and to find sustainable
solutions to poverty and social exclusion through a certain equalization of levels of
social protection among countries. It aims at securing minimum standard on
uniform basis in respect of all labour matters.
Learning Outcomes:
• Transnational governance of work
• Principle of social security
• Forms of international labour standards i.e. Convention, Recommendation,
Protocol and Declaration
190
SECTION-A
Genesis and objectives of International Labour Organization.
Organs of International Labour Organization: International Labour Conference,
The Governing Body and The International Labour Office.
The ILO declaration of Social Justice for Fair Globalization (2008).
The Post 2015 Development Agenda of ILO.
CASE LAWS:
1. VELLORE CITIZEN WELFARE FORUM VS. UOI & Ors (1996) 5 SCC 647
2. TARUN BHAGAT SINGH VS. UOI 1993 SCR (3) 21, 1993 SCC Supl. (3) 115
SECTION-B
Right of Collective Bargain: meaning and types of Collective Bargain, ILO
Convention No. 98 ( Article 1-4).
Factors affecting Collective Bargain, Concept of Collective Bargain in India.
Constitutional aspects of Right to Association and Trade Union Act, 1926
CASE LAWS:
SECTION-C
Constitutional aspects for Just and Humane Conditions of Work.
Safety provisions provided under The Factories Act, 1948.
Sexual Harassment of Woman at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.
CASE LAWS:
1. Tapti Mills Ltd. Vs. Burhanpur Tapti Mills Mazdoor Sangh AIR 1965SC 839
2. Vishaka and others V. State of Rajasthan and others. (AIR 1997 SC 3011)
191
SECTION-D
ILO Convention No. 105 (Article 1-2), Constitutional provision for Elimination of
all Forms of Forced or Compulsory Labour.
Contract Labour (Regulation and Abolition) Act, 1970.
Protection and Welfare of Children: ILO Convention No. 138 (Articles 1-9), ILO
Convention No. 182 (Article 1-8), ILO Convention No. 189 (Articles 1-17),
Constitutional provisions for protection and welfare of children.
CASE LAWS:
STATUTORY MATERIALS:
Suggested Readings:
Ahmedullah Khan: Commentary on the International Labour Organization and
the Indian Response.
A.V. Rajagopalan; “Approaches to Collective Bargaining- Intricacies”, (1982, Vol.
11.)
Conventions and Recommendations adopted by International Labour
Conference 1919-1966.
Constitution of International Labour Organization and Standing Order of
International Labour Conference, International Labour Organization Office,
1973.
Jean Michel Servais, International Labour Organization (ILO), (published by
Kulwer Law International).
K.D Shrivastva: Law relating to Trade Union in India.
192
IMPORTANT NOTE:
Question paper of External Examination shall be divided into 5 Units
• Unit 1 to 4 of the question paper shall be based upon Section-A to D of the
syllabus in the respective order of the Sections.
• The first four Units of the question paper shall have 2 questions of 10 marks
each. The candidates shall be required to attempt any 1 question from each
Section.
• Unit-5 of the question paper shall be compulsory and based on the whole
syllabus. It shall consist of 5 short notes of 4 marks each
INTERNAL ASSESSMENT:
Mid Semester Test: 15 marks
Project/Assignment: 12 ½ marks
Presentation: 12 ½ marks
SECTION- A
Concept of Information Technology
Evolution of Cyber Law
Jurisdiction in Cyber Space
Advantages and Disadvantages of Internet Technology
Aims and Objectives of Information Technology Act
Definitions: Computer, Computer Network, Computer Resource, Computer
System, Asymmetric Crypto System, Virus
Concept of e-commerce and fintech law: Digital banking, electronic contracts
and its types,
Concept of blockchain and Cryptocurrency
Judgements
Diebold Systems Pvt. Ltd. vs The Commissioner, ILR 2005 KAR 2210
Banyan Tree Holding (P) Ltd Vs Murali Krishna Reddy & Anr.
2008 (38) PTC 288 (Del)
SECTION- B
Digital Signature and Electronic Signature (Section 3-3A)
Electronic Governance (Section 4-10A)
Attribution, Acknowledgement and dispatch of Electronic records (Section 11-
13)
Regulation of Certifying Authorities (Section 17-34)
Electronic Signature Certificates (Section 35-39)
Judgements
P R Transport Agency v. Union of India (AIR 2006 All 23)
Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1
SECTION- C
Duties of Subscribers (Section 40-42)
Penalties, Compensation and Adjudication (Section 43-47)
Cyber Appellate Tribunal (Section 48-64)
Offences (Section 65-77)
Intermediaries not to be liable in certain cases (Section 2(w), and 79)
Judgements
Shreya Singhal v. Union of India AIR 2015 SC 1523
Avnish Bajaj vs State (N.C.T.) Of Delhi (2005) 3 CompLJ 364 Del, 116 (2005)
DLT 427
SECTION- D
Investigation and procedure of Search and Seizure (78&80)
Legal recognition of Electronic Evidence
Grey Area of Information Technology Act
Copyright Issues in Cyber Space
Trademarks and Domain names Issues in Cyber Space
194
Judgements
A&M Records Inc vs Napster Inc 239 F 3d 1004 (9th Cir 2001)
Suggested Readings:
Bare Act of Information Technology Act, 2000
Rodney Ryder, Guide to Cyber Laws, Wadhwa Nagpur, 3nd Edition, 2007
Vakul Sharma, Information Technology - Law and Practice (Law and Emerging
Technology, Cyber Law & E-Commerce), Universal Law Publishers, 6nd edition,
2018
Vakul Sharma, Information Technology Law and Practice- Cyber Laws and Laws
Relating to E-Commerce, Universal Law Publication, 5th Edtion 2016
Dr Farooq Ahemed, Cyber Law in India, New Era Law Publishers, 3rd edition,
2015 (reprint)
Prag Diwan and Shimmi Kapoor, Cyber and E-Commerce Law, Bharat
Publishers, 2nd Edition, 2000
V.K. Unni, Trademarks and Emerging Concepts of Cyber Property Rights,
Eastern Law House, 2005
D.P. Mittal, Law of Information Technology (Cyber Law), Taxmann, 2000
Dr Amita Verma, Cyber Crimes and Law, Central Law Publishers, Allahabad,
2009
Dr Amita Verma, Cyber Crimes in India, Central Law Publishers, Allahabad,
2012
Diane Rowland and Elizabeth, Information Technology Law, 3rd Edition, Oxon
Cavendish Publishing, 2006
Vivek Sood, Cyber Law Simplified, Tata McGraw-Hill Education, 2017
Pavan Duggal, Text book on Cyberlaw, Saakshar Law Publications, 2nd Ed
2016
Pavan Duggal, Cyber Law - An exhaustive section wise Commentary on the
Information Technology Act along with Rules, Regulations, Policies,
Notifications etc. Saakshar Law Publications, 2nd Ed 2017
Nandan Kamath, Law relating to computers, internet, and e-commerce: a
guide to cyber laws and the Information Technology Act, 2000, Universal Law
Pub. Co; 5th ed 2016
195
IMPORTANT NOTE:
INTERNAL ASSESSMENT:
Mid Semester Test: 15 marks
Project/Assignment: 12 ½ marks
Presentation: 12 ½ marks
SECTION-A
Meaning and significance of Legal Profession and Legal Ethics
Legal Profession in India-Evolution, Historical Development and Regulations
SECTION-B
Advocacy & Professional Ethics
Judgments:-
iii) C.K. Daftri V. O.P. Gupta AIR 1971 SC 1122
iv) EMS Namboodripad V. T.L. Nambiyar AIR 1970 SC 2015
SECTION-C
Contempt Law & Practice
The Contempt of Courts Act, 1971
Constitutional Provisions regarding Powers of Supreme Court and High
Courts & Houses of Parliament & State Legislatures for Punishing for
their Contempt.
Judgments:-
iii) Delhi Judicial Services Association V. State of Gujrat, AIR 1991 SC 2176.
iv) In re Vinay Chandra Mishra, AIR 1995 SC 2349
196
SECTION-D
Selected Judgments on Professional Ethics
16. Ex. Capt. Harish Uppal vs. Union of India A.I.R. 2003 S.C 739
17. P.D. Gupta vs. Ram Murthi AIR 1998 SC 283
18. Shambhu Ram Yadav vs Hanuman Das Khatry AIR 2001SC 2509
19. Harish Chandra Tiwari vs. Baiju AIR 2002 SC 548
20. Bar Council of Andhra Pradesh v. Kurapati Satyanarayana AIR 2003 SC
175.
21. Re: Ajay Kumar Pandey, A.I.R 1997 SC 260
22. SC bar Association vs. U.O.I AIR 1998 SC 1895
23. Nirmaljit Kaur vs State of Punjab AIR 2006 SC 605
24. Zahira Habidullah Sheikh v. State of Gujarat AIR 2006 SC 1367
25. Rajendra Sail vs. M.P High Court Bar Association AIR 2005 SC 2473
26. Smt. Siya Bai vs. Sitaram Singh, BCI Tr. Case No 21/1987
27. Secretary, Karnataka Khadi Gram Udyog Samyukta Sangha vs. J.S
Kulkarni, BCI Tr. Case No 12/1990
28. Surendranath Mittal Vs Dayanand Swaroop, BCI Tr. Case No 63/1987
29. S.K Nagar vs. V.P Jain, D.C Appeal No 14/1997
30. B. Sunitha vs. State of Telangana & Another, (2018) 1 SCC 638
Suggested Readings:
Krishnaswamy lyer: Professional Conduct of Advocacy
Aiyar Ramanath: Legal Professional /Ethics, 3rd Ed. 2003, Indian Law Books.
Mallick: Advocates Act, Professional Ethics/Bench and Bar Relationship, 2007, Indian
Law Books.
Kailash Rai, Accountability for Lawyer and Bench, 9th Ed. 2008, Central Law
Publication.
J.P.S. Sirohi, Professional Ethics, Accountancy for Lawyers and Bench Bar Relations,
Latest Ed., Allahabad Law Agency.
P. Ramanatha Aiyar, Legal and Professional Ethics – Duties and Privileges of a Lawyer,
3rd Ed. 2003, reprint 2009, Lexis Nexis Butterworths, Wadhwa, Nagpur
Subramanyam, Advocates Act, Commentaries on Advocates Act with Bar Council
Rules (Central and States) with Professional Ethics and Allied Laws, 3rd Ed. 2010,
Kumar Law Publication Limited, Delhi
Advocates Act 1961
Contempt of Courts Act 1971
Bar Council of India Trust (publication) Selected Judgements on Professional Ethics
197
IMPORTANT NOTE:
Question paper of External Examination shall be divided into 5 Units
• Unit 1 to 4 of the question paper shall be based upon Section-A to D of the
syllabus in the respective order of the Sections.
• The first four Units of the question paper shall have 2 questions of 10 marks
each. The candidates shall be required to attempt any 1 question from each
Section.
• Unit-5 of the question paper shall be compulsory and based on the whole
syllabus. It shall consist of 5 short notes of 4 marks each
INTERNAL ASSESSMENT:
Mid Semester Test: 15 marks
Project/Assignment: 12 ½ marks
Presentation: 12 ½ marks
Objectives of the course:
This course aims to make students understand the emerging and existing
principles of Criminology, Penology and Victimology. The objective of this
course is to encourage students to expand and use their imaginations to
understand the causes and consequences of criminality and infringement of
social norms and values. Beginning with the nature and scope of Criminology,
Penology and Victimology, this course will explore that why and what types of
crimes are increasing in the society, what are the factors responsible, how
crimes prevention can be done, how rehabilitation of criminals is possible, how
restorative justice can be provided to victims. This course is also designed to
recognize and explain macro-social inequities in crime and criminal justice
processes by race, social class, gender, region and age.
Learning Outcomes:
• Understanding of what criminology is and what it should be by applying
perspectives of justice, rather than limiting the focus to acts, which are
criminalized.
• Understanding of what penology is and what it should be by applying
perspectives of justice, rather than limiting the focus to acts, which are
penalized.
• Understanding of how and why the new concept of criminology such as green
criminology, media criminology, convict criminology, labeling criminology,
feminist criminology has become an important and fast expanding field in
critical criminology.
• Understanding of how the media frame crime, criminality and the notion of
victimisation in various contexts.
198
SECTION - B
Convict Criminology
Labeling Criminology
Media Criminology
Critical Criminology
Judgments:
Navtej Singh Johar & Ors. Vs. U.O.I. (Ministry of Law and Justice Secretary)
W.P. (Criminal) No. 76 of 2016.
Joseph Shine vs. Union of India W.P. (Criminal) No. 194 of 2017 decided on
27.09.2018.
SECTION – C
Penology: Meaning, Nature and Scope of Penology,
Punitive Approach and the Contemporary Role of Punishment
Death Sentence : The Global Perspective
Judgments:
Independent Thought vs. Union of India W.P. 382 of 2013 decided on 11 Oct.
2017 SC.
Mukesh & ors vs. State of NCT Delhi & Ors. Criminal Appeal No’s. 607-608 of
2017 (Nirbhaya Case (Delhi Gang Rape and Murder case of 2012).
SECTION - D
Meaning, Nature and Scope of Victimology: Emerging trends in Victimology
Victims Role in Administration of Criminal Justice
Legal and Human Rights of Victims
World Wide Trend towards realization of Victims Rights
Restitutive, Compensatory, Assistive Justice to the Victims of Crime in India
Judicial Approach towards victims of crime
199
Judgments:
Laxmi vs. Union of India W.P.(Criminal)129/2006 Order dated 10.04.2015.
Nipun Saxena & Others vs. Union of India & Ors. W.P.(Civil) No. 565 of 2012.
Suggested Readings:
Anthony Thalia & Cunneen Chris, The Critical Criminology
Companion,Hawkins Press, Sydney, 2008.
Beirhe Piers and Messerschmidt James W., Criminology, Roxburg Publishing
Company, L.A., 2006.
Burke Roger Hopkins, An Introduction to Criminological Theory, Willian
Publishing, USA, 2008.
Davis Robert C, Arthur Lurigio and Susan Harman Victims of Crime, Sage
Publications, London 2007.
Davis Pamela and Francis Peter, Greer Chir, Victims, Crime and Society, Sage
Publications, L.A. 2007
Gaur K.D., Criminal Law and Criminology,Deep and Deep Publications, New
Delhi, 2002
Jones Stephen, Criminology, Oxford University Press, New Delhi, 2007.
McLaughlin Eugene & Newburn Tim, The Sage Handbook of Criminological
Theory, Sage Publications India Private Limited, Delhi, 2010.
Miller J. Mitchell, 21st Century Criminology, Sage Publications India Private
Limited, Delhi, 2009Purvi Ramakand, Handbook of Criminology, Dominant
Publishers and Distributors, Delhi, 2006.
Paranjpe N.Y., Criminology and Penology, Central Law Publications, Allahabad,
2008.
Rai, Sumain Law Relating Plea Bargaining, Orient Publishing Company, 2007
Siddique Ahmed, Criminology: Problems and Perspective, Eastern Book
Company, Lucknow, 2008.
Sutherland Edwin, Principles of Criminology, J.B. Lippincott, Philadelphia,
1971.
Talwar Parkash, Victimology, Isha Books, Delhi, 2006
Tibbetts Stephen G. & Hemmens Craig, Criminological Theory, Sage
Publications India Private Limited, Delhi, 2010
Singh, Dr. Deepa, Dr. Malvika and Dr. K.P., Criminology, Penology &
Victimology, Bright Law House Publication, 2019
Singh, Dr. Malvika, Clemency in India, Confulence, Contradictions and
Confusions, Bright Law House Publication, 2020
Sutherland, Edwin H, Principles of Criminology, 11th Edition, Satyam Books
Pvt. Ltd.
Walsh Anthony and Ellis Lee, Criminology An Interdisciplinary Approach, Sage
Publications, New Delhi, 2007.
While Rob & Haines Fiona, Crime and Criminology, Oxford University Press,
Australia, 2004.
200
IMPORTANT NOTE:
INTERNAL ASSESSMENT:
Mid Semester Test: 15 marks
Project/Assignment: 12 ½ marks
Presentation: 12 ½ marks
Learning Outcomes
At the end of this Course, students will be able to:
------------------------------------------------------------------------------------------------------------
-
201
SECTION- A
SECTION –B
Important Cases:
• Feist Publications, Inc., v. Rural Telephone Service 499 U.S. 340 (1991)
• Ladbroke v William Hill [1964] 1 WLR 273
• R.G.Anand v. Delux Films Ltd., AIR 1978 SC 1613
• Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd., (2012) 5 SCC
488
• The Chancellors, Masters and Scholars of the University of Oxford and Others v.
Rameshwari Photocopy Services and Ors., (2016) 160 DRJ (SN) 678.
• University of London Press v University Tutorial Press [1916] 2 Ch 601
• Zee Entertainment Enterprises Ltd. v. Sony Pictures Networks India Pvt.
Ltd., (2017)(3) AIR Bom R 436
Important Cases:
• Coca-Cola Company v. Bisleri International Pvt.Ltd.,
Manu/DE/2698/2009
• Edgar Rice Burroughs Inc (TARZAN yell) (R 708/2006-4), Oct. 27, 2007,
OHIM 4th BoA., available at:
http://oami.europa.eu/LegalDocs/BoA/2006/en/R0708_2006- 4.pdf.
• Lego Juris v. OHIM, Mega Brands, (T-270/06) [2009] E.T.M.R.
• Louis Vuitton Malletier S.A. v. Haute Diggity Dog, L.L.C., 507 F.3d 252
• Yahoo!, Inc. v. Akash Arora & Anr. 78 (1999) DLT 285
SECTION – C
Industrial Designs: Concept of a Design, Essential Features, Registration of
Designs; Infringement of Industrial Designs under the Designs Act, 2000
Important Cases:
Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd., (2008) 10 SCC 657
202
Cello Household Products v. M/S Modware India and Anr. & Ors.,
(2017)(3) AIR Bom R 499.
Interlego A.G. v. Tyco Industries Inc., (1988) 16 RPC 343.
M/S Crocs Inc. USA v. Liberty Shoes Ltd. & Ors, 2018 SCC OnLine Del
10325.
Vega Auto Accessories (P) Ltd v. SK Jain Bros Helmet (I) Pvt Ltd, (2008) 3 GLR
2635.
Important Cases:
• Alloys Wobben and Anr. v. Yogesh Mehra and Anr., (2014) 15 SCC 360
• Bayer Corporation and Ors. v. Union of India and Ors. 162 (2009) DLT
371.
• Diamond v. Chakrabarty 447 U.S. 303 (1980)
• Novartis v Union of India AIR 2013 SC 1311
SECTION – D
International Protection-
Introduction to TRIPS
Important Provisions relating to:
Protection of Copyrights under Berne Convention 1886;
Protection of Trademarks under Madrid Agreement 1891;
Patent Filing under Patent Cooperation Treaty 1970;
Protection of Industrial Design under the Hague System 1925
Suggested Readings:
Books:
Articles:
Michele Boldrin, and David K. Levine, (2013), "The Case against Patents"
Journal of Economic Perspectives Vol27(1), pp 3-22.
Naser, (2007), “Rethinking the foundations of trademarks”, Buffalo Intellectual
Property Law Journal Vol.5(1) , pp.5-49.
Peter Drahos, “A Philosophy of Intellectual Property”, (Ashgate: Aldershot,
1996) Chapter 2 & William Fisher, “Theories of Intellectual Property,” in
Stephen Munzer, ed., New Essays in the Legal and Political Theory of Property
(Cambridge University Press, 2001)
Ray D. Weston, Jr. (1998), “A comparative analysis of the doctrine of
equivalents: Can European approaches solve an American dilemma?”, IDEA:
The Journal of Law and Technology Vol.39, pp.35-79.
S. Mehta, “Shaping the Mark: Registrability and Enforceability of Shape Marks
in India” AsiaLaw, July 2007.
T.Helbling, Shapes as TradeMarks? The Struggle to Register Three-
Dimensional Signs: A Comparative Study of United Kingdom and Swiss Law,
Intellectual Property Quarterly Vol. , (1997), pp. 413.
Thambisetty, Sivaramjani, Novartis v Unionof India and the Person Skilled in
the Art: A Missed Opportunity (February 10, 2014). LSE Legal Studies Working
Paper No. 2/2014.
V.K.Unni, (2007), “What is in a Name?: Viewing Patent Infringement through
the Prism of Anglo-American Doctrines”, Journal of Intellectual Property Rights
Vol. 12, pp.165
WIPO ‘Relation of Established Trade Mark Principles to New Types of Marks’
(SCT 17/3) Mar. 30, 2007.
……………..